T.MARIAPPAN Vs. SECRETARY, MUNICIPAL ADMINISTRATION, DEPARTMENT OF DRINKING WATER SUPPLY, GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The present Writ Appeal is directed against the order passed by the learned Single Judge in W.P. No. 8999 of 2019 dtd. 28/3/2019, in and by which, the learned Single Judge has dismissed the said writ petition.

(2.) Heard Mr. Om Prakash, learned Senior Counsel for the appellant and Mr. P. Srinivas, learned Counsel appearing for the third respondent.

(3.) The brief facts of the case are as follows: The appellant was working as a Toll Collector at Public Toilets in Pollachi Municipality on daily wage basis. He belongs to Scheduled Caste community and his educational qualification is +2 pass. On 19/12/1996, the 3rd respondent/Pollachi Municipality has terminated him from service as Toll Collector without assigning any reason though he has completed 240 days of work in the Calendar year in the previous three years. Aggrieved over the same, the appellant has raised a dispute in I.D. No. 274 of 1998 on the file of the Labour Court, Coimbatore, praying to reinstate him into service. On 10/12/2002, the Labour Court, Coimbatore has passed an award, to reinstate the appellant with continuity of service without back wages, since he has worked 240 days continuously in a year and the respondents have not adopted the proper procedure for his termination. In the year 2003, the third respondent filed a writ petition in W.P. No. 18190 of 2003 before this Court challenging the aforesaid award passed by the Labour Court in I.D. No. 274 of 1998 dtd. 10/12/2002. While the said writ petition is pending, the respondents started to regularize the service of other daily wagers gradually but excluded the appellant. The Government of Tamil Nadu vide G.O.(Ms). No. 21 Municipal Administration and Water Supply (MC3) Department dtd. 23/2/2006, ordered all the Municipalities to regularize the services of all the daily wagers, who were working in the Municipalities with Time Scale Pay.