Madras High Court
J.Ganesan vs The Government Of Tamil Nadu on 4 April, 2016
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 04.04.2016 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.12361 of 2016 1.J.Ganesan 2.K.Gowrisankar 3.R.Manikandan 4.M.Premkumar 5.G.Thameem Khan 6.M.Abishek 7.M.Santhosh 8.S.Surendran 9.N.Sakthivel 10.Balamurugan .. Petitioners -vs- 1.The Government of Tamil Nadu, represented by its Secretary, Labour and Employment (T2), Fort St. George, Madras-600 009. 2.The Tamil Nadu Generation and Distribution Corporation Limited, represented by the Chief Engineer (Personnel), NPKRR Maligai, 144, Anna Salai, Chennai-2. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records on the file of the second respondent in Notification No.1/2016 in www.tangedco.gov.in dated 28.02.2016 and quash the same as illegal, incompetent, unconstitutional and without jurisdiction and further direct the second respondent to implement Section 22(1) of Apprentices (Amendment) Act 2014. For Petitioners : Mr.V.Raghavachari For respondent : Mr.R.Vijayakumar, Additional Government Pleader for R1 O R D E R
The petitioners have come to this Court, seeking a writ of certiorarified mandamus to call for the records on the file of the second respondent in Notification No.1/2016 in www.tangedco.gov.in dated 28.02.2016 and quash the same as illegal, incompetent, unconstitutional and without jurisdiction and further direct the second respondent to implement Section 22(1) of Apprentices (Amendment) Act 2014.
2.Learned counsel appearing for the petitioners would submit that the petitioners are apprentices. They have attended the interview for apprentice training in TANGEDCO and TANTRANSCO and also have attended the interview on various dates in the office of the Chief Engineer/the second respondent herein. While so, they were called upon to surrender their original records. Subsequently, they have also entered into an agreement-apprentice contract with surety and witnesses, giving undertaking not to secure other employment elsewhere. Thereafter, the apprenticeship training certificate was also issued to the petitioners. He would further submit that in the matter of selection in the previous years, the second respondent had only appointed the persons, who possess the educational qualification and undergone the TNEB apprenticeship training, hence, there was no requirement for any written examination. He would further submit that by virtue of an amendment to Apprentices (Amendment) Act 2014, the rights of the apprentices stood protected under Section 22(1) and a Division Bench of this Court has mandated that the trained apprentices should be given preference and as per judgment of the Hon'ble Apex Court and the Apprentices (Amendment) Act, 2014, the apprentice is entitled to be considered favourably. Accordingly, a prayer is made to allow this writ petition.
3.But this Court is not able to find any merit in the writ petition for two reasons. Firstly, when the impugned Notification No.1 of 2016, dated 28.02.2016, issued by the second respondent, clearly shows that the date of submission of the applications should be made before 16.03.2016, the petitioners have not applied till now. No where the petitioners have mentioned in the affidavit about the submission of the application before the date of expiry. Secondly, the above said notification clearly mentioned that the payment of fees should be made by 18.03.2016. But none of the petitioners have made any payment before the date for payment of examination fee, as per the T.RAJA,J.
vga notification. Therefore, without making any application or paying the fees, as stated in the notification, they cannot come to this Court. Since all the petitioners had failed to apply for the posts till now, this Court is not inclined to entertain this petition. Accordingly, the Writ Petition fails and the same is dismissed. No costs.
04.04.2016 vga Note: Issue order copy on 07.04.2016 To
1.The Government of Tamil Nadu, represented by its Secretary, Labour and Employment (T2), Fort St. George, Madras-600 009.
2.The Tamil Nadu Generation and Distribution Corporation Limited, represented by the Chief Engineer (Personnel), NPKRR Maligai, 144, Anna Salai, Chennai-2.
W.P. No.12361 of 2016