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2004 DIGILAW 1010 (MAD)

G. Boopalan v. The Executive Engineer &Administrative Officer, Tamil Nadu Housing Board & Another

2004-08-09

M.CHOCKALINGAM

body2004
Judgment :- This writ petition has been brought forth seeking a Writ of Certiorarified Mandamus, to quash the order of the 2nd respondent in connection with the award dated 24.1.97 in I.D.No.156/1995 and direct the respondents to reinstate the petitioner into service as Night Watchman and to grant all consequential and monetary benefits. 2. From the averments made in the writ petition and the submissions made by the learned counsel for the petitioner, it is seen that the petitioner was working as a Night Watchman under the first respondent from 18.12.1984 and subsequently he was denied employment from 25.12.1986. He was orally instructed not to report for work. The petitioner approached the legal aid committee. The Executive Engineer has sent a reply promising to provide employment after getting orders from Madras. The petitioner also sent a petition to Consumer Protection Society and also to the Chief Minister (Special Cell) but no reply was brought forth. The persons who were employed along with the petitioner were again provided employment by the respondents. Thus, the denial of employment for the petitioner is violative of principles of natural justice and derogative of the guaranteed rights. A petition was filed before the Lower Court, Vellore, which was taken up for consideration and the same was dismissed. Under such circumstances, the writ petition was brought forth before this Court invoking writ jurisdiction. 3. What was all contended by the respondent before the Forum below and here also is that the petitioner was only engaged as Nominal Muster Roll on 13.12.1984 and subsequently from 25.11.1986 he has deserted from service without any information. Since he was engaged on daily wages, no further action was taken for his unauthorised absence. After a period of six years, the petitioner made a representation for his appointment. As per orders issued in G.O.Ms.No.400, Housing and Urban Development Department dated 2.5.1990, no N.M.R. should be recruited in the Housing Board without prior sanction of the Government. Therefore, the request of the petitioner could not be considered for appointment and hence, his representation was rejected. Not satisfied with the same, the petitioner took it before the Labour Court, Vellore. The Labour Court had taken the matter for consideration, examined the witnesses and made a thorough investigation and dismissed the same. 4. Therefore, the request of the petitioner could not be considered for appointment and hence, his representation was rejected. Not satisfied with the same, the petitioner took it before the Labour Court, Vellore. The Labour Court had taken the matter for consideration, examined the witnesses and made a thorough investigation and dismissed the same. 4. After careful consideration of the submission made by the learned counsel for both and the scrutiny of the materials available on record, this Court is of the considered opinion that the writ petition warrants dismissal in the hands of this Court. It is not in controversy that the petitioner was engaged as Night watchman in the respondent department only as N.M.R. on daily wages basis on 13.12.1984. It is also brought to the notice of the Court that he was deserted from work without any information during 1986 i.e., from 25.12.1986. Under such circumstances, no question of taking any action against him arose. After a period of six years, suddenly the petitioner had filed a representation that he should be given appointment, pursuant to the work he had done as N.M.R. during 1986. There was latches on the part of the petitioner which was also considered by the lower forum. Therefore, the case by the respondent put forth before the Labour Court is equally applicable here also, wherein the petitioner who had worked as a night watchman as N.M.R. on daily wages basis, and who had deserted the service for an interval, had come forward with a representation seeking appointment after six years. Hence, it would be suffice to refuse the relief since the Court is unable to see any infringement of any right guaranteed under the Constitution of India or any violation of principles of natural justice as put forth by the learned counsel for the petitioner. Learned counsel for the petitioner would further submit that the officials of the respondents asked the petitioner to wait stating that they would provide employment but in order to substantiate the same no material is produced before the Lower Court or before this Court. Accordingly, the writ petition is dismissed leaving the parties to bear their costs.