E. ANBU Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) This Writ Appeal has been filed to set aside the order passed in W.P.No.8833 of 2014 dtd. 10/6/2022.

(2.) The facts before the Writ Court are as follows. The appellant was initially absorbed as a Regular Assessor (Trainee) under Regulation 92 of the TNEB Service Regulations. After completion of six months of training period, he was absorbed as a Regular Assessor in the time scale of pay of Rs.3,370.00 100 - 6,370 with effect from 24/4/2009. The time scale of pay and the grade pay was subsequently revised to Rs.5,400.00 20,200 + 2,200 (G.P). On 12/2/2014, the grade pay in his time scale was revised and reduced to Rs.5,400.00 20,200 + 1,900 (G.P), without any prior notice of opportunity to the appellant herein.

(3.) When he had challenged this order dtd. 12/2/2014 before the Writ Court in W.P.No.8833 of 2014, his claim came to be rejected on 10/6/2022, predominantly on the ground that his conditions of service were governed under the terms of the settlement under Sec. 12(3) of the Industrial Disputes Act, 1947, and since he is deemed to be a workman, he was required to redress his grievance before the Labour Court only. The other reason assigned in the order of the Writ Court was that the Writ Petitioner therein was appointed on compassionate grounds in the post of Assessor Grade II and since the initial appointment is on compassionate grounds, he cannot claim for a higher post. The said order of the Writ Court is put under challenge in this Writ Appeal.