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2026 Supreme(Online)(Mad) 33757
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
M.Palanivel – Appellant
Versus
The Chairman, TANGEDCO/ Tamil Nadu Electricity Board Ltd. – Respondent
W.M.P.Nos.12679 and 12680 of 2026
For the Appellants/Petitioners: Mr.V.Manohar
For the Respondents: Mr.Venkatesh Prasad AP for M/s.Advit Law Chamber
Pending regularization claim by contract workers does not bar employer from engaging additional manpower for operational needs.
Headnote:Article 226 of the Constitution of India was invoked to challenge a memo engaging additional manpower, claiming it deprived contract workers' regularization rights. Contract workers, members of a federation, had prior representation rejected and a pending application under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act. Court found no employee status for contract workers and upheld employer's operational needs. Issues framed around whether pending regularization proceedings bar new manpower engagement for summer power supply. Court reasoned pendency does not restrict employer's right to ensure uninterrupted supply. Writ petition dismissed.
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| 1. pending claim does not restrict additional manpower engagement; petition dismissed. (Para 5) |
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings vide Memo No.D(D)/EA/F Manpower-Summer/ D.No.18/2026-2 dated 13.02.2026, quash the same and direct the respondents to recruit / engage the existing petitioners/ contract workers for their requirements of respondents casual works.
For Petitioner : Mr.V.Manohar For Respondents : Mr.Venkatesh Prasad AP for M/s.Advit Law Chamber
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings vide Memo No.D(D)/EA/F Manpower-Summer/ D.No.18/2026-2 dated 13.02.2026, quash the same and direct the respondents to recruit / engage the existing petitioners/ contract workers for their requirements of respondents casual works.
2.The learned counsel appearing for the petitioner submitted that the petitioner is the General Secretary of TNEB General Contract Labourers Progressive Federation (TNEBGCPF). The members of TNEBGCPF worked as contract labourers for several years, however, their services were not regularized, thereby, TNEBGCPF made representation to the Joint Commissioner of Labour and the same was rejected by the Joint Commissioner of Labour. Thereafter, the members of TNEBGCPF filed W.P.No.30714 of 2019 and this Court vide order dated 15.04.2025 granted liberty to the petitioners therein to work out the remedy in the manner known to law, pursuant to which, they approached the Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act and the same is pending. In the meanwhile, the respondents passed the impugned order engaging additional manpower. The learned counsel further submitted that the respondents passed the impugned order inorder to deprive the rights of the members of TNEBGCPF for regularization of their services.
3.The learned counsel appearing for the respondents submitted that the members of TNEBGCPF are not employees of the Tamil Nadu Electricity Board and they are only contract labourers and further submitted that mere pendancy of the issue before the Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, will not deprive the rights of the respondents to engage additional manpower inorder to ensure the uninterrupted quality power supply to the consumers and to face the unexpected incidents triggered by this summer.
4.Heard the arguments advanced on either side and perused the materials available on record.
5.The members of TNEBGCPF are not employees of the Tamil Nadu Electricity Board and they are only contract labourers. Mere pendancy of the issue before the Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, will not deprive the rights of the respondents to engage additional manpower inorder to ensure the uninterrupted quality power supply to the consumers and to face the unexpected incidents triggered by this summer.
