S MANICKAM Vs. SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT

JUDGEMENT

(1.) THESE writ appeals are directed against the orders of the learned single Judge dated 25. 6. 2004 and 15. 6. 2004 made in W. P. Nos. 3707 of 2001, 5743 of 1999 and 10336 of 1999 respectively, wherein the learned single Judge dismissed the writ petitions filed by the appellants herein.

(2.) THE brief facts necesssary for disposal of the writ appeals are as follows.

(3.) THE TANMAG resisted the writ petitions by filing counter affidavit by contending that TANMAG is a separate entity and no writ is maintainable against it, even though the Board of Directors are named by the Government, the Company is managed by the Managing Director under the control and superintendence of the Board of Directors. It is also stated in the counter affidavit that the appellants were recruited for the project as per the advertisement and the appellants were transferred to the joint venture company, the third respondent herein, and transfers were effected on the basis of the advance notice dated 18. 3. 1991 and their services were permanently transferred and they were relieved from TANMAG from 31. 7. 1991. The service conditions were protected at the time of transfer to the third respondent and after the transfer the appellants have lost their lien and they became the employees of the third respondent and they have no right to demand reversion to TANMAG merely because the third respondent company had been closed. It is also stated in the counter affidavit that the appellants having opted and gave their willingness to be absorbed in the third respondent company, it is not open to them to claim that they should be re-transferred to TANMAG on the closure of the third respondent company.