K KALYANA SUNDARAM Vs. COMMISSIONER MAILADUTHURAI MUNICIPALITY

JUDGEMENT

(1.) THE Original Application in O.A.No,255 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") is now Writ Petition in W.P.No,6764 of 2007 before this Court.

(2.) HEARD Mr. P.I. Thirumoorthy, learned counsel for the petitioner in W.P.No,6764 of 2007, Mrs. G. Devi, learned counsel for the respondent Municipality and learned counsel for the petitioner Municipality in 4098 of 2005, and Mr. S. Sounthar, learned counsel for the second respondent in W.P.No,4098 of 2005.

(3.) THE workman filed C.P.575 of 2003 in I.D.No,38 of 1997 claiming wages and other benefits as per the award, since the Municipality failed to comply with the award. THE Municipality filed a counter in C.P.575 of 2003 contending that the claim petition was belated and deserves to be dismissed for delay and latches. In the meantime, the workman filed O.A.255 of 2002 (W.P.No,6764 of 2007) praying for regularisation of his service based on G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999, in view of the judgment of the Labour Court dated 23.03.1999 in I.D.No,38 of 1997 and for consequential direction to pay arrears pursuant to the regularisation. Since G.O.Ms.No.125, Municipal Administration and Water Supply Department, dated 27.05.1999 granted the benefit of regularisation of services of all NMR workmen, who were on service as on 31.12.1996, he sought for regularisation of his services, under G.O.Ms.No.125 read with the judgment of the Labour Court.