BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25/03/2011
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
Writ Petition (MD).No.2069 of 2006
&
W.P.M.P.(MD).No.2280 of 2006
M.Chandrasekaran .. Petitioner
Vs.
1.The Managing Director,
Tamil Nadu Cements Corporation Limited,
735, Anna Salai, L.L.A.Building,
Chennai-600 002.
2.The Deputy General Manager,
Tamil Nadu Cements Corporation Limited,
Tamil Nadu Cements,
Alangulam Works, Rajapalayam,
Virudhu Nagar District.
3.The Manager,
Tamil Nadu Cements Corporation Limited,
Tamil Nadu Cements - P.O.,
Alangulam Works, Rajapalayam,
Virudhunagar District. .. Respondents
Prayer
Writ petition is filed under Article 226 of the Constitution of India
to issue a writ of Certiorarified Mandamus calling for the records of the 3rd
respondent herein his Ref No:TNA/Personnel/30120/2005, dated 28.12.2005 and
quash the same and consequently directing the respondents herein to given
promotion as well as monetary benefits to the petitioner herein as per order of
the General Manager in his Ref.No.12387/PL-1/93, dated 18.04.2003.
!For Petitioner ... Mr.M.Subramaniam
^For Respondents... Mr.T.Ravichandran
:ORDER
The petitioner was appointed as a temporary Draughtsman in Alangulam
Cement Factory that belongs to the Tamil Nadu Cement Corporation Limited (in
short TANCEM) on 27.12.1980. Further, he was designated as Trainee Draughtsman
on 01.07.1982 and thereafter, he was appointed as Draughtsman (VI grade)
permanently on 01.07.1983 and as Draughtsman (VII grade) on 01.07.1988. Finally
he was redesignated as Foreman on 28.04.1989.
2. According to the petitioner, the TANCEM formulated a one time
settlement policy, dated 29.01.1987 and as per the policy, the Diploma holders
working in TANCEM, who have gained minimum 6 years experience irrespective of
the designation, which they were holding were promoted as Senior Foreman. The
said policy was implemented upto 01.10.1988. Though the petitioner joined the
services in the year 1980, he was not given the afore-said benefit under the
said policy on the ground that his service could be counted only from the year
1983, wherein he was made permanent. As he did not complete 6 years of services
from 01.07.1983, he was not granted the benefit under the policy. In the
meantime, his juniors were promoted. Finally, he was promoted as Senior Foreman
only on 03.08.1997 after completion of 16 years of service.
3. The petitioner also states that a settlement under Section 12(3) of the
Industrial Disputes Act, was arrived at between the management and the employees
on 22.01.2002 to disburse full salary to the workers who have worked as Trainees
in the year 1982 as per the arbitration award and as per the direction of this
Court in W.P.No.10842 of 1991. Though the Management was ready to disburse the
arrears of salary, the petitioner requested them to consider him for promotion
instead of disbursing his arrears. Hence arrears amount as per the 12 (3)
settlement and the orders of this Court were not disbursed to him. He gave up
the arrears amount only to get promotion on par with his juniors, who were
promoted long back and some of them were working as Assistant Manager
(Technical). But, the petitioner was still languishing as Senior Foreman.
4. While so, the third respondent passed the order dated 18.04.2003
promoting him as Senior Foreman (Mech) with effect from 01.10.1988 and also
revised the salary accordingly. Further in the same order, the post of Senior
Foreman was upgraded as Technical Executive (Mech) with higher pay scale with
effect from 01.10.1996. While the pay of Senior Foreman as on 01.10.1988 is
Rs.1600-50-2300-60-2660, the pay scale of Technical Executive (Mech) is Rs.1820-
60-2300-75-3200. While so, all of a sudden, the third respondent passed the
order, dated 27.06.2003 informing that the order of promotion given to the
petitioner by order, dated 18.04.2003 is kept in abeyance until further orders.
The TNACEM officer’s association, in which the petitioner was a member, made
various representations to the respondents. In all the representations, the
respondents were requested to withdraw the order dated 27.06.2003. While so, the
impugned order dated 28.12.2005 was passed, in which the promotion given to the
petitioner as Senior Foreman with effect from 01.10.1988 and Technical Executive
(Mech) with effect from 01.10.1996 were withdrawn. Hence, the petitioner has
filed the present writ petition to quash the afore-said order, dated 28.12.2005
and for a consequential direction to give promotion as well as monetary benefits
as per the order, dated 18.04.2003.
5. The respondents have filed counter affidavit refuting the allegations.
6. Heard the learned counsel on either side.
7. Though many grounds were urged on behalf of the petitioner citing that
his juniors were promoted and he was deprived due promotion, I am not going into
those matters pertaining to the merits of the case. I am inclined to allow the
writ petition on the ground of violation of principles of natural justice.
Admittedly, the order dated 18.04.2003 granting promotion was cancelled by the
impugned order without affording opportunity to the petitioner. The petitioner
also made various representations seeking to grant benefit under the order dated
18.04.2003. In view of the decision of the Hon’ble Apex Court reported in (1994)
6 SCC 154 (BHAGWAN SHUKLA v. UNION OF INDIA), it is incumbent on the part of the
department to hear the petitioner before passing the impugned order, since the
impugned order resulted in serious civil consequences. Admittedly, the impugned
order was passed without hearing the petitioner. Hence, the impugned order is
quashed. However, the respondents are at liberty to pass fresh orders after
giving opportunity to the petitioner. The writ petition is disposed of in the
above terms. Consequently, connected miscellaneous petition is closed. No costs.
jikr
To
1.The Managing Director,
Tamil Nadu Cements Corporation Limited,
735, Anna Salai, L.L.A.Building,
Chennai-600 002.
2.The Deputy General Manager,
Tamil Nadu Cements Corporation Limited,
Tamil Nadu Cements,
Alangulam Works, Rajapalayam,
Virudhu Nagar District.
3.The Manager,
Tamil Nadu Cements Corporation Limited,
Tamil Nadu Cements – P.O.,
Alangulam Works, Rajapalayam,
Virudhunagar District.