Madras High Court
Chairman vs Arasu Rubber Corporation Employees ... on 6 March, 2013
Author: Chitra Venkataraman
Bench: R.K.Agrawal, Chitra Venkataraman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06/03/2013
CORAM
THE HONOURABLE MR.R.K.AGRAWAL, ACTING CHIEF JUSTICE
and
THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN
W.A.(MD) No.210 of 2010
and
W.A.(MD) No.141 of 2010
and M.P.(MD) Nos.1 and 2 of 2010 and
M.P.(MD) Nos.1, 1, 2, 2, 3 and 3 of 2012
W.A.(MD) No.210 of 2010:
1. Chairman
Arasu Rubber Corporation Ltd.
No.9-D, Panangal Building
Saidapet
Chennai-600 015.
2. The Managing Director
Arasu Rubber Corporation Ltd.
Post Box No.75
Vadasery
Nagercoil-629 001. .. Appellants
versus
1. Arasu Rubber Corporation Employees Federation
rep. by Organizing Secretary
C.David Kumar Bathasingh
Reg.No.414/KKM
No.5, North Car Street
Nagercoil-629 001.
2. C.Sasikumaran
3. C.David Kumar Bathasingh
4. K.Sukumar
5. S.Fakruddeen
6. M.Monickam
7. T.Muthu Ayyappan
Field Officer
Office of the Divisional Manager
Kothayar Division
Arasu Rubber Corporation Ltd.
Lower Kothayar Post
Kanyakumari District.
8. V.Shankara Narayanan
Field Officer
Office of the Divisional Manager
Chithar Division
Arasu Rubber Corporation Ltd.
Chithar Colony Post-629 161
Kanyakumari District.
9. L.Panneer Selvam
Field Officer
Office of the Divisional Manager
Mylar Division
Arasu Rubber Corporation Ltd.
Chithar Colony Post-629 161
Kanyakumari District.
10. A.Kumar
Field Officer
Office of the Divisional Manager
Manalodai Division
Arasu Rubber Corporation Ltd.
Perunchani Post
Kanyakumari District. .. Respondents
W.A.(MD) No.141 of 2010:
1. T.Muthu Ayyappan
Field Officer
Office of the Divisional Manager
Kothayar Division
Arasu Rubber Corporation Ltd.
Lower Kothayar Post
Kanyakumari District.
2. V.Shankara Narayanan
Field Officer
Office of the Divisional Manager
Chithar Division
Arasu Rubber Corporation Ltd.
Chithar Colony Post-629 161
Kanyakumari District.
3. L.Panneer Selvam
Field Officer
Office of the Divisional Manager
Mylar Division
Arasu Rubber Corporation Ltd.
Chithar Colony Post-629 161
Kanyakumari District.
4. A.Kumar
Field Officer
Office of the Divisional Manager
Manalodai Division
Arasu Rubber Corporation Ltd.
Perunchani Post
Kanyakumari District. .. Appellants in W.A.(MD)No.
141 of 2010
versus
1. The Chairman
Arasu Rubber Corporation Ltd.
No.9-D, Panagal Building
Saidapet
Chennai-600 015.
2. The Managing Director
Arasu Rubber Corporation Ltd.
Post Box No.75
Vadasery
Nagercoil-629 001.
3. Arasu Rubber Corporation Employees Federation
rep. by Organizing Secretary
C.David Kumar Bathasingh
Reg.No.414/KKM
No.5, North Car Street
Nagercoil-629 001.
4. C.Sasikumaran
5. C.David Kumar Bathasingh
6. K.Sukumar
7. S.Fakruddeen
8. M.Monickam .. Respondents in W.A.(MD)
No.141 of 2010
PRAYER
W.A.(MD) Nos.210 and 141 of 2010 are filed under Clause 15 of the
Letters Patent against the order dated 18.12.2009 made in W.P.No.11878 of 2008
on the file of the learned single Judge of this Court.
!For appellants in W.A.(MD) No.
210 of 2010 ... Mr.Pala Ramasamy
For appellants in W.A.(MD) No.
141 of 2010 ... Mr.D.Sadiq Raja
^For respondents-1 to 6 in
W.A.(MD) No.210 of 2010/
respondents-3 to 8 in W.P.
(MD) No.141 of 2010 ... Ms.P.Jessi Jeevapriya
For 7th respondent in
W.A.(MD) No.210 of 2010 ... No appearance
For respondents-1 and 2 in
W.A.(MD) No.141 of 2010 ... No appearance
:JUDGMENT
(Judgment of the Court was delivered by CHITRA VENKATARAMAN,J.) These writ appeals arise out of the order of the learned single Judge dated 18.12.2009 made in W.P.No.11878 of 2008. W.A.(MD) No.141 of 2010 came to be filed by respondents-7 to 10 in W.A.(MD) No.210 of 2010, wherein, the third respondent is the Employees' Federation and respondents-4 to 8 are the employees of the Arasu Rubber Corporation Ltd., where, promotion was the subject matter before this Court. The writ petitioners, who are respondents in the writ appeals, are Field Assistants. Admittedly, as per the Service Rules, probation period was for two years. Considering the difficulties that the respondents encountered, the Government passed G.O.Ms.No.83, Environment and Forests Department dated 08.04.2002, wherein, the Government accepted the resolution of the 52nd Meeting held on 20.03.1997, as informed by the Managing Director, Arasu Rubber Corporation Limited, to declare the probation of 25 employees of the Corporation, subject to the condition that passing of prescribed tests would be mandatory for promotion to the next higher category. As per the Rules, for promotion from the post of Field Assistants or Processing Assistant (Foresters), the candidate must pass Accountancy Lower or Book Keeping Examination conducted by the Central Co-operative Institute, Chennai or Tamil Nadu Public Service Commission, provided, those who had obtained B.Com/M.Com degree from a recognised university are exempted from passing Accountancy Lower Grade, as the case may be. They have to pass Factory and Labour Department Tests too. Thus a reading of G.O.Ms.No.83, Environment and Forests Department dated 08.04.2002 shows that except for relaxing the probation period declaration, the Government Order had stood by the conditions as regards passing of the tests for further promotion to the next higher post.
2. As far as writ petitioners 2 to 6 who are respondents in these writ appeals are concerned, admittedly, they did not pass the Departmental Tests for further promotion. However, when their names were not considered for promotion, they filed the writ petition to quash the proceedings dated 14.05.2008, followed by the confirmation order dated 15.05.2008 on the file of the appellants in W.A.(MD) No.210 of 2010 and to direct the appellants in W.A.(MD) No.210 of 2010 to promote the respondents/writ petitioners from the post of Field Assistants to the post of Field Officers with retrospective effect from 15.05.2008. Allowing the writ petition, learned single Judge pointed out that once the Government had given the relaxation on declaration of probation as a one-time measure, the consequence of such declaration would enure as an exemption even as regards the passing of Account Test for the purpose of further promotion to higher post. Thus, learned single Judge allowed the writ petition, holding that when the Government has got the discretion to give relaxation of the rule and when such relaxation had been given having regard to the various aspects including the large number of years of service put in by writ petitioners-2 to 6, the case of writ petitioners-2 to 6 merited acceptance for further promotion. Aggrieved by the said order, this writ appeal has been filed.
3. G.O.Ms.No.83, Environment and Forests Department, dated 08.04.2002 reads as follows:
GOVERNMENT OF TAMILNADU ABSTRACT Arasu Rubber Corporation Limited - Nagercoil - Declaration of probation - sanction of increments to 25 employees - Action of Managing Director - Ratified
- Order - Issued.
--------------------------------------------------- ENVIRONMENT AND FORESTS (FR-8) DEPARTMENT G.O.Ms.No.83 Dated 8.4.2002
1. G.O.Ms.No.46, Environment and Forests Department - dt. 11.8.88.
2. From the Chairman-cum-Managing Director, Arasu Rubber Corporation Limited Lr.No.E1/ 8032/94 dt. 18.8.97 and 29.9.98.
3. From the Chairman-cum-Managing Director, Arasu Rubber Corporation Limited Lr.No.E1/8032/94 dt.11.12.98.
4. High Court order in W.P.No.1705/2001, dt.31.1.2001.
5. G.O.Ms.No.76, Environment and Forests Department, dt.1.6.2001.
6. Government Lr.No.1004/FR-8/2001-5 dt. 1.6.2001.
7. From the Arasu Rubber Corporation Employees Federation contempt petition No.146/2002 filed in the High Court, Chennai.
8. From the Chairman-cum-Managing Director, Arasu Rubber Corporation Limited Lr.No.E1/8032/94 dt.31.10.2001.
9. From the Special Government Pleader Lr.C.A.No.146/2002 dt.27.3.2002.
-----
ORDER:
The Managing Director, Arasu Rubber Corporation Limited in his letter second read above has informed that in its 52nd meeting held on 20.3.97 the Governing Board of Arasu Rubber Corporation Limited, Nagercoil has resolved to permit the Managing Director, Arasu Rubber Corporation Limited to declare the probation of 25 employees of the corporation subject to the condition that passing of prescribed tests will be mandatory for promotion to next higher category. On the strength of the resolution the Managing Director, Arasu Rubber Corporation has declared probation of 25 employees and sanctioned annual increments due to them in the retrospective effect invoking Rule 20(iii) of the Arasu Rubber Corporation Service Rules and paid arrears to the employees. Since the above action of the Managing Director, Arasu Rubber Corporation Limited is in violation of the Service Rules approved in the G.O. first read above he has sent proposals to Government to ratify his action in having declared the probation of 25 employees and sanctioned second and subsequent increments.
2. In the meantime the employees federation has filed a W.P.No.1705/2001 before the High Court, Chennai and the High court in their order dt.30.1.01 has directed to dispose the representation of the petitioners with reference to their grievance relating to the increments and service benefits within a period of two months from the date of receipt of the order.
3. The Government examined the proposal of the Managing Director, Arasu Rubber Corporation Limited and issued an amendment to Service Rules in their order 5th read above. The Government in their letter sixth read above informed to Managing Director, Arasu Rubber Corporation Limited that passing of tests as per Service Rules in essential for completion of probation.
4. As the amendment issued in the G.O. fifth read above have not facilitated the Arasu Rubber Corporation Limited to comply with the request of the petitioners, the petitioners have filed a C.A.No.146/2002 in the High Court for compliance of the orders of the High Court dt.31.1.2001 in W.P.No.1705/2001 directing the Government to dispose the representation of the petitioners with reference to the grievance relating to increments and Service benefits.
5. The Government moved the High Court seeking 8 weeks time for issue of final orders. The Special Government Pleader have informed that the High court on hearing on 21.3.2002 has granted only 3 weeks time for the final disposal of the petitioner grievance.
6. The Government have examined the above proposal of the Managing Director, Arasu Rubber Corporation Limited in detail. Considering the long services made by the petitioners and others and the Service Rule of Arasu Rubber Corporation Limited, the Government as a special case ratify the action of the Managing Director, Arasu Rubber Corporation Limited having declared the probation and in having sanctioned the 2nd and subsequent increments with retrospective effect to 25 employees (as per the resolution of the 52nd Board meeting) as detailed in annexure to this order. It is also ordered that this order should not be quoted as a precedent for others in future.
7. This order issues with the concurrence of Finance Department vide its U.O.No.96/ADS (Dr.KSG/02.
(BY ORDER OF THE GOVERNOR) GIRIJA VAIDIANATHAN SECRETARY TO GOVERNMENT "
4. The proposal given by the Managing Director, as found in paragraph 1 of G.O.Ms.No.83, Environment and Forests Department, dated 08.04.2002 thus clearly evidences as regards the relaxation on the declaration of probation of 25 employees of the Corporation. It further stated that such relaxation is subject to the condition that passing the prescribed tests would be mandatory for promotion to the next higher category. Considering the fact that the declaration of probation and further promotion are not of the same consequence, the terms and conditions stipulated in G.O.Ms.No.83, Environment and Forests Department, dated 08.04.2002 are clear. Thus, taking note of the conditions required for further promotion to the next higher category, the view of the learned single Judge that the exemption as regards the declaration of probation would continue even as regards the service rule requiring the passing of tests, cannot be sustained. In the circumstances, we have no hesitation in setting aside the order of the learned single Judge, taking the view that G.O.Ms.No.83, Environment and Forests Department, dated 08.04.2002 has nothing to do with the passing of the Departmental Tests for promotion to the next higher post and the Government Order was concerned about declaration of probation alone.
5. In the light of the above we hold that the Government Order gave relaxation only as regards the declaration of probation of 25 employees, which is also subject to the condition of passing of further Departmental tests, and it is a condition for promotion to the next higher post.
6. In the result, the order of the learned single Judge stands set aside and the writ appeals stand allowed. No costs. Connected M.P.(MD) Nos.1 and 2 of 2010 and M.P.(MD) Nos.1, 1, 2, 2, 3 and 3 of 2012 stand closed.
ksv To
1. The Chairman Arasu Rubber Corporation Ltd.
No.9-D, Panangal Building Saidapet Chennai-600 015.
2. The Managing Director Arasu Rubber Corporation Ltd.
Post Box No.75 Vadasery Nagercoil-629 001.