Madras High Court
Rasipuram Municipality vs The Labour Court on 20 July, 2018
Author: M.Dhandapani
Bench: M.Dhandapani
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2018 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.13264 and 33415 of 2006 Rasipuram Municipality, rep. by its Commissioner, ... Petitioner in W.P. Rasipuram, Namakkal District. No.13264 of 2006 P.Subramanian ... Petitioner in W.P. No.33415 of 2006 Vs. 1.The Labour Court, Salem. 2.The Salem District Municipal Town Panchayat Union Employees Association, by its Secretary, 24, Varadan Lane, Mettu Street, Rasipuram. ... Respondents in W.P. 3.M.Nayagam No.13264 of 2006 1.The Municipal Commissioner, Rasipuram Municipality, Namakkal District. 2.The Director of Municipal Administration, Chepauk, Chennai. 3.The Government of Tamilnadu, rep. by its Secretary, Health and Family ... Respondents in W.P. Welfare Department, Chennai. No.33415 of 2006 Prayer in W.P. No.13264 of 2006: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records pertaining to the impugned order of the first respondent passed in I.D. No.594/1992 dated 08.12.2003 and quash the same. Prayer in W.P. No.33415 of 2006: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent Municipality to pass order promoting the petitioner as a Sanitary Supervisor with effect from 1989 as per the Award dated 08.12.2003 made in I.D. No.594 of 1992 and consequently consider the petitioner's case for the next promotion post of Sanitary Inspector for which the petitioner is legally entitled with effect from 1993. For Petitioner in W.P. No.13264 of 2006 : Mr.Shanmugasundaram For Petitioner in W.P. No.33415 of 2006 : Ms.S.Girija For Respondents in W.P. : Mr.E.Paranthaman for R1 No.33415 of 2006 Mr.K.Manikumar, Additional Government Pleader for R2 and R3 COMMON ORDER
W.P. No.13264 of 2006 has been filed challenging the impugned order dated 08.12.2003 passed by the first respondent in I.D. No.594/1992.
W.P. No.33415 of 2006 has been filed seeking a direction to the first respondent Municipality to pass order promoting the petitioner as a Sanitary Supervisor with effect from 1989 as per the Award dated 08.12.2003 made in I.D. No.594 of 1992 and consider his case for the next promotional post of Sanitary Inspector with effect from 1993.
2.W.P. No.13264 of 2006: The case of the petitioner is that the Salem District Municipal Town Panchayat Union Employees Association, the second respondent herein is the Employees Union, which representing the two members namely R.Subramaniam and P.Subramanian, who have joined the service on 01.06.1970 and 04.08.1970 respectively in the National Leprosy Eradication Scheme. They were appointed in the Municipality as contingent employees and their services were regularised with effect from 01.04.1983 as per the Government Order after completing five years of service. They were called for an interview for the next promotional post of Sanitary Supervisor. As they were not selected, his junior viz. M.Nayagam, the third respondent was appointed for the said post. Challenging the same, the second respondent Union has preferred the above Industrial Dispute. According to the petitioner, the Labour Court, Salem, the first respondent herein without considering his case properly, has passed an order holding that the above two persons were entitled for getting promotion as Sanitary Supervisors. Therefore, the petitioner is before this Court.
W.P. No.33415 of 2006: The case of the petitioner/ P.Subramanian is that though the Labour Court, Salem has passed an order in his favour granting promotion to the post of Sanitary Supervisor, the Municipality has not passed any order till date and therefore, he is before this Court seeking the above prayer.
3.It is brought to the notice of this Court that the above said P.Subramanian and M.Nayagam are died during the pendency of the writ petitions and legal heirs of Subramanian were impleaded in W.M.P. No.34176 of 2016 and brought on record.
4.The issue involved in these writ petitions is whether the above Nayagam is junior to P.Subramanian, who is the writ petitioner in W.P. No.33415 of 2006 or not.
5.On a perusal of the records would show that P.Subramanian was admittedly appointed in the year 1970 as a Malaria Worker and Nayagam was appointed in the year 1979 as a Sanitary Worker and therefore there is no dispute with regard to the appointment of the petitioner as well as said Nayagam. Though the said Subramanian appointed in the year 1970, however, on completion of 10 years service, his services were regularised in the year 1983. However on perusal of records produced by the petitioner Municipality reveals that the third respondent Nayagam appointed on temporary basis only in the year 1979 and no records are produced before this Court to prove regularisation of Nayagam. In the absence of any record, it is presumed that P.Subramanian is senior to Nayagam.
6.In view of the undisputed facts, I am inclined to allow the writ petition filed by P.Subramanian. Accordingly, W.P. No.33415 of 2006 is allowed and W.P. No.13264 of 2006 filed by the Municipality is dismissed. The Municipality is directed to pass appropriate orders by granting the benefit of promotion notionally as sought for by Mr.P.Subramanian (since deceased) and granting the accrual of such benefits to the legal heirs from the date on which it fell due. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
20.07.2018 vga Speaking Order/Non Speaking Order Index: Yes/ No M.DHANDAPANI,J.
vga To
1.The Municipal Commissioner, Rasipuram Municipality, Namakkal District.
2.The Director of Municipal Administration, Chepauk, Chennai.
3.The Government of Tamilnadu, rep. by its Secretary, Health and Family Welfare Department, Chennai.
W.P.Nos.13264 and 33415 of 2006 20.07.2018