Prayer in W.P.(MD).No.7389 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD) Nos.7389 to 7395 of 2022

and

W.M.P.(MD) Nos.5602,5603,5604, 5605, 5606,5608,5609 5610, 5611,

5612, 5613 5615 and 5616 of 2022

Prayer in W.P.(MD).No.7389 of 2022

1.The Superintending Engineer,

Dindigul Electricity Distribution Circle,

Tamil Nadu Generation and Distribution Corporation,

Meenakshinaickenpatti, Dindigul.

... 1^st Petitioner in all Writ Petitions

2.The Assistant Engineer,

Generation and Maintenance,

Rock Fort Division,

Tamil Nadu Electricity Generation and

Distribution Corporation,

Dindigul.

... 2^nd Petitioner in WP(MD).No.7389,

7391 of 2022

3. The Assistant Engineer,

Generation and Maintance,

Ayyalur Division,

Tamil Nadu Electricity Generation and Distribution Corporation,

Dindigul.

... 2^nd Petitioner in WP(MD) Nos.7390,

7392, 7394 of 2022

4. The Assistant Engineer,

Generation and Maintance, North II Division,

Tamil Nadu Electricity Generation and Distribution Corporation,

Dindigul.

... 2^nd Petitioner in WP(MD) No.7393 of 2022

5. The Assistant Engineer,

Generation and Maintance, Neruji Nagar Division,

Tamil Nadu Electricity Generation and Distribution Corporation,

Dindigul.

... 2^nd Petitioner in WP(MD) No.7395 of 2022

-vs-

1. Assistant Commissioner of Labour (Enforcement),

Authority Under the Tamil Nadu Industrial Establishment

(Conferment of Permanent Status to Workmen) Act 1981,

Dindigul.

... 1^st Respondent in all WPs

1/4

https://hcservices.ecourts.gov.in/hcservices/

Prayer in W.P.(MD).No.7389 of 2022

2.M.Senthil Kumar

... 2^nd Respondent in WP(MD)No.7389 of 2022

3. R. Balamurugan.

... 2^nd Respondent in WP(MD) No.7390 of 2022

4. A. Selvaraj

... 2^nd Respondent in WP(MD). 7391 of 2022

5.M. Saravanan,

... 2^nd Respondent in WP(MD). 7392 of 2022

6. Sirumani Arokiasamy ... 2^nd Respondent in WP(MD). 7393 of 2022

7. Vellaisamy

... 2^nd Respondent in WP(MD). 7394 of 2022

8.K. Sozharaja

... 2^nd Respondent in WP(MD). 7395 of 2022

Common Prayer.:- Petitions filed under Article 226 of the

Constitution of India praying for issuance of Writ of Certiorari to

call for the records of the 1^st respondent in C.P.S.No.6 of 2014, 17

of 2014, 7 of 2014, 18 of 2014, 13 of 2014, 19 of 2014 and

8 of 2014 quash the order dated 31.07.2020.

For Petitioner

: Ms.P.Malini

for M/S.T.S.Gopalan & Co

For Respondent-1

: Mr.N.Satheesh Kumar

Additional Government Pleader

******

COMMON ORDER

The orders dated 31.07.2020 passed by the Assistant

Commissioner of Labour (Enforcement), Dindigul, under the Tamil Nadu

Industrial Establishments (Conferment of Permanent Status to

Workmen) Act, 1981, are under challenge in the present writ

petitions.

2. The petitioners, TANGEDCO filed these writ petitions

questioning the validity of the awards passed by the Assistant

Commissioner of Labour (Enforcement), Dindigul, under the Tamil Nadu

Industrial Establishments (Conferment of Permanent Status to

Workmen) Act, 1981 (hereinafter referred to as 'the Act'). Several

grounds are raised including the maintainability of the petitions

before the Assistant Commissioner of Labour (Enforcement), Dindigul,

under the Act. As TANGEDCO is the Government of Tamil Nadu

undertaking, the Special Rules are applicable to the employees of

the TANGEDCO. When the Special Rules are in force, general Act

cannot be applied. Therefore, the application itself has been

questioned by the TANGEDCO in all the writ petitions.

3. Similar writ petitions were filed before the Hon'ble First

Bench of this Court and the Hon'ble First Bench has decided those

writ petitions in the case of Superintending Engineer, Erode

Electricity Distribution Circle, Tamil Nadu Electricity Board vs.

Inspector