S. Jayakumar v. The Chairman cum Managing Director The State Express Transport Corporation Limited & Another
2006-08-21
D.MURUGESAN, V.RAMASUBRAMANIAN
body2006
DigiLaw.ai
Judgment :- (Appeal filed under Clause 15 of the Letters Patent, against the order dated 19.7.2000 made in W.P.No.11697 of 2000.) WP.No.11697/2000: This Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to reinstate the petitioner into service and regularize his services from the date of initial appointment with all consequential and other monetary benefits by complying the orders passed in WP.No.17532/89 dated 15.3.99 and in pursuant to the proceedings in Lr.No.32761/Pa 1/SETC (Tha.Na.Ko.V2) 199 dated 29.10.99 issued by the second respondent herein.) D. Murugesan, J. The appellant was employed as Casual Labour in the State Express Transport Corporation Limited, (the then Rajiv Gandhi Transport Corporation) Division II, Chennai. On the ground that he was not allowed to continue to work as well as on the ground that though he had put in 700 days of service he had been denied employment, he filed the writ petition for a direction for reinstatement and for consequential monetary benefits. Considering the fact that the appellant had prayed for reinstatement into service and also the issue should be decided before the Labour Court, the learned single Judge had dismissed the writ petition with liberty to the appellant to raise an industrial dispute. Questioning the same, the present writ appeal has been filed. 2. Admittedly, the appellant was employed only as Casual Labour. Though the claim of the appellant is that he had put in more than 700 days of service and he should be reinstated, we are of the considered view that it is not a case of non-employment to seek for reinstatement into service, but it is a case of permanent absorption. Under similar circumstances, a Division Bench of this Court in W.A.Nos.1294 to 1299 of 1997 etc. by order dated 8.12.97, while disposing the writ appeals had permitted the appellants therein to make representations to the Corporation for claiming the benefits under Sections 25H and 25N of the Industrial Disputes Act. In the circumstances, we are of the considered view that instead of relegating the appellant to resort to the remedy under the provisions of the Industrial Disputes Act, it would be only appropriate to direct him to make a representation to the respondent-Corporation for permanent absorption by satisfying them as to his continuous employment of 700 days by producing the relevant records.
Accordingly, the order in the writ petition is modified by giving liberty to the appellant to make a representation to the respondent-Corporation for employment on the ground that he had put in 700 days of service and if such a representation is made, the same shall be considered and orders shall be passed on merits and in accordance with law. We are also informed by the learned counsel for the respondent-Corporation that recently the Government has also issued G.O.Ms.No.41, Transport Department dated 21.7.2006 relating to the employment of similarly placed persons. The respondent-Corporation shall also take into consideration of the above Government Order, if the same is applicable to the case of the appellant before any order is passed. The writ appeal is disposed of accordingly. No costs. Consequently, W.A.M.P.No.71 of 2003 is closed.