SUPERINTENDING ENGINEER Vs. V ETHIRAJ

JUDGEMENT

(1.) These batch of writ petitions is a clear manifestation of an abuse of process of the Court indulged by a subordinate officer of the Tamil Nadu Generation and Distribution Corporation Limited, Cuddalore (for short TANGEDCO). These writ petitions came to be filed challenging the orders passed by the Inspector of Labour, Cuddalore on claims made by the workers (contesting respondents) who were represented by the TNEB Retired Employees Association. The impugned orders were given on various dates from 09.03.2005 to 28.6.2007. The said Association representing for daily rated workers engaged in the operation and maintenance wing of TANGEDCO, claimed that they have been working for over a decade. They have not been made permanent in terms of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 (for short Tamil Nadu Act 46 of 1981). The Inspector of Labour, Cuddalore (R-2) after due notice to the petitioner directed the petitioner to grant permanent status to the workmen represented by the union.

(2.) Even after 5 to 7 years have elapsed, the petitioner did not prefer writ petitions challenging those orders. On the contrary, the aggrieved workmen moved this court with various writ petitions seeking for a direction to the petitioner to implement the said order. This Court after due notice to the petitioner had passed a final order directing the Board to implement the orders vide its order dated 7.3.2011. A perusal of the order showed that the company, i.e., the TANGEDCO, the Chief Engineer (Personnel) and the present writ petitioner were shown as respondents including the Inspector of Labour, Cuddalore.

(3.) In one such order, this court had directed as follows: