S KALIDAS Vs. COMMISSIONER AMBATTUR MUNICIPALITY

JUDGEMENT

(1.) THE petitioners five in number have brought forth this writ petition for a writ of mandamus to issue a direction to the first respondent to regularly absorb the petitioners as drivers with due seniority over any new appointee with all other attendant benefits.

(2.) THE affidavit in support of the petition is perused. The Court heard the learned Counsel on either side.

(3.) THE short facts with which the petitioners HAVE approached this Court for a writ, are as follows: they have challenged in this petition, the action of the respondents in proceeding to fill up the post of drivers by recruiting ex-servicemen without first regularizing them. The petitioners possess heavy vehicle driving license, and they joined the service on 1. 11. 1997 as daily wage drivers with the first respondent municipality. They were engaged by the first respondent to drive water lorries, garbage carrying lorries, jeeps and cars maintained by the Municipality. They have been continuously discharging their duties as drivers for more than 8 years in the past without any blemish in their service. They work continuously for six days of a week and Sunday is an unpaid holiday. They were paid at the rate of Rs. 124/- per day, and it was paid at the end of the month. Their signatures were obtained on the payment vouchers then and there. Their services have not been regularized despite the representations. Under the circumstances, they filed WP No. 5147/2000 seeking a writ of mandamus to direct the respondent municipality to formulate a scheme to regularize their services on the basis of seniority. That writ petition was pending at that time. At the time when the said writ petition was taken up for consideration, an interim order came to be passed by this Court. Then, the petitioner approached the Labour Inspector, Thiruvallur, who is the competent authority constituted under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status) Act, 1981, and he has also passed orders in their favour. While the matter was pending, the first respondent filed WP No. 19643/2001 challenging the said order dated 10. 3. 2001, by the Labour Inspector referred to above, and sought for the stay of the said order. That writ petition was admitted by this Court. Thereafter WPMP No. 8930/2001 came up for hearing before this Court on 19. 8. 2002, and this Court recorded the statement made by the first respondent that steps have been taken to regularize their services as and when the vacancies arose and dismissed the said petition.