LAWS(MAD)-2009-8-214

C MAHALINGAM Vs. STATE OF TAMIL NADU

Decided On August 28, 2009
C.MAHALINGAM Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE batch of writ petitions questions the letter dated 26.12.2002 issued by the Agricultural Production Commissioner and Secretary to Government. By that order, the request of the petitioners to consider them on par with TANCOF employees who have been attached to Agriculture Department was rejected. THEse petitioners are all the employees of Tamil Nadu Agro Industries Development Corporation Limited (for short, "the Corporation") attached to Agriculture Department. By G.O.Ms.No,339 Agriculture (AE.II) Department dated 28.11.2001, the Government, having regard to the accumulated loss sustained by the Corporation, directed the closure of the Corporation. On the date when the closure was ordered, there were 329 employees. THE employees including the petitioners numbering 237 were issued with the notices under Section 25-N of the Industrial Disputes Act, 1947 and the permission of the State Government was sought to retrench these employees. THE said move was opposed. But, nevertheless, the Government passed orders in G.O.(D) No.163 Labour and Employment (A1) Department dated 26.2.2002 retrenching the employees. At the time when such order was passed, the Agriculture Department was also requested to give sympathetic consideration for the rehabilitation of the workmen and to extend all concession and benefits permissible. It appears that by the impugned order, the said request was rejected giving rise to the present writ petitions.

(2.) I have heard Mr.R.Singaravelan & Mr.R.Karthikeyan, respective learned counsel for the petitioners and Ms.Sneha, learned Government Advocate for the State.

(3.) BE that as it may, for the reasons that as many as 36 employees, who were similarly situated, have been absorbed by G.O.Ms.No,241 Agriculture (AE) Department dated 8.8.2002, particularly they being retrenched subsequently when compared to the petitioners, and having regard to the G.O.(D) No.163 Labour and Employment (A1) Department dated 26.2.2002 directing rehabilitation of the retrenched employees of the Corporation, I do not find any justification in the impugned letter rejecting the request of the petitioners. Accordingly, the impugned Letter Ms.No,421 dated 26.12.2002 is set aside. The respondent-Agricultural Production Commissioner and Secretary to Government is directed to consider the case of the petitioners sympathetically for absorption in any other department to which they are eligible. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The writ petitions are allowed. No costs.