IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 7.8.2006
CORAM
THE HON'BLE MR.JUSTICE P.JYOTHIMANI
Writ Petition No.23861 of 2006
Corporation Labour Union
Regd. No.2601, Rep. by its President,
Beulah John Selvaraj,
39, Water Tank Road,
Electricity Workshop,
Poonga Nagar, Chennai 600 079 .. Petitioner
vs.
1. Corporation of Chennai
Rep. by its Commissioner
Ripon Buildings, Chennai 600 003
2. State of Tamil Nadu
Rep. by its Secretary
Municipal Administration and
Water Supply Department
Fort St., George, Chennai 600 009 .. Respondents
This Writ Petition is filed under Article 226 of the Constitution of
India praying for the issuance of a writ of Mandamus directing the respondents
to absorb the services of the workers represented by the petitioner Union
whose names are found in the annexure to the writ petition on a regular basis
as per G.O.Ms.No.125, Municipal Administration and Water Supply Department
dated 27.5.1999 with effect from 23.5.2006.
For petitioner : Mr.D.Nagasaila
For respondents : Mr.Mathi
O R D E R
The cause of the sixteen members of the petitioner-Union are espoused
in this writ petition for a direction against the first respondent to absorb
them on a regular basis as per G.O.Ms.No.125, Municipal Administration and
Water Supply Department dated 27.5.1999 with effect from 23.2.2006.
2. The case of the petitioner-Union is that other 912 workers, who
are also situated similarly to that of the sixteen persons whose cause is
being espoused by the petitioner-Union, have been absorbed with effect from
23.2.2006. However, the names of these sixteen persons, who are mentioned in
the annexure to the writ petition, have been left out. It is also seen that
the Zonal Office has recommended the names of these sixteen persons on various
dates to the respondent, namely, 13.12.2004, 23.2.2006 and 28.2.2006. In view
of the same, the present writ petition has been filed for a direction.
3. Heard M/s.D.Nagasaila, learned counsel for the petitioner and
Mr.Mathi, who takes notice on behalf of the respondents.
4. Considering the fact, which remains final, namely, that 912
workers, who are similarly situated to that of the sixteen persons who are
mentioned in the annexure to the writ petition, have been absorbed on
23.2.2006 and in the circumstance that the Zonal Office has recommended the
names of the petitioners, I do not think that there is any reason for the
first respondent to deny the same to the petitioners also, if they are
otherwise entitled to it, for which course of action, the learned counsel for
the respondents cannot have any objection.
6. In view of the same, the respondents are directed to consider the
names of the sixteen persons, who are mentioned in the annexure to the writ
petition, and absorb them in the regular vacancies as per G. O.Ms.No.125,
Municipal Administration and Water Supply Department dated 27.5.1999 with
effect from the date of their eligibility, namely, 2 3.2.2006, provided there
is no legal impediment for the respondents to do so. Such process shall be
completed within a period of four weeks from the date of receipt of a copy of
this order.
The writ petition is ordered accordingly. No costs.
lan
To
1. The Commissioner
Corporation of Chennai
Ripon Buildings, Chennai 600 003
2. The Secretary
State of Tamil Nadu
Municipal Administration and
Water Supply Department
Fort St., George
Chennai 600 009