Research › Search › Judgment

Madras High Court · body

2008 DIGILAW 3879 (MAD)

D. Pichandi v. Executive Engineer (O&M) Tamil Nadu Electricity Board Egmore Revenue Branch & Others

2008-10-24

K.CHANDRU

body2008
Judgment :- The petitioners seeks for Writs of Mandamus directing the respondents 1 and 2 to install separate meter for providing domestic electricity supply to 4/3 B & C Mills Employees Barracks Land quarters, Perambur Barracks Road, Chennai-12. 2. All the petitioners are ex-employees of B&C Mills, Chennai. The third respondent Mill has become sick and therefore, brought under the purview of BIFR. There have been several proceedings between the workers and the Management in various courts including BIFR and AAIFR. In the present case, the petitioners are residing in the quarters allotted to the workmen, who are in service, known as B&C Mills Employees Barracks Land Quarters, Perambur Barracks Road, Chennai-12. Since the Mill was closed and the workers were sought to be sent out, the Mill had expressed its inability to continue the electric supply. This necessitated the workmen in applying for separate electricity connection in respect of the quarters occupied by them. 3. It is alleged in the affidavit filed in support of the writ petition that despite the workmen are willing to pay necessary charges for installation of new meter, the Electricity Board is not even willing to receive the application from the workmen. In view of the fact that the Electricity Board, which is the respondents 1 and 2 herein are refusing to receive the application for installation of separate meter and the workmen are without electricity supply from 35. 2005. 4. The writ petitions were admitted on 210. 2005 and notice was issued to the parties. Subsequently, all the petitions are grouped together and under the orders of The Honourable The Chief Justice, the matters were directed to be posted for final disposal before this Court. 5. Today when the matter came up for final disposal, Mr.Sanjay Mohan, learned counsel appearing for M/s Ramsubramaniam Associates informed this Court that a Memo of Understanding was reached between the workmen and the Management on 25. 2008. The workmen were represented by their recognised Unions and also the Mill Quarters Committee. 6. Apart from various terms of understanding, the third respondent Mill agreed to provide allotment of plot of 500 sq.ft each in terms of paragraph 1(A) of Memorandum of Understanding, signed between the parties in respect of 244 workers. This was to be given on a outright sale basis to the workmen, who are residing in the quarters. 7. 6. Apart from various terms of understanding, the third respondent Mill agreed to provide allotment of plot of 500 sq.ft each in terms of paragraph 1(A) of Memorandum of Understanding, signed between the parties in respect of 244 workers. This was to be given on a outright sale basis to the workmen, who are residing in the quarters. 7. Under paragraph 1.4, it was stated that the electricity dues relating to the period June 1996 to 2004 and arrears upto date, if any, are to be paid by the workers and that each individual shall produce the receipts prior to signing of the ale deeds. 8. In the clauses relating to other terms of settlement, in paragraph- 8, it is agreed that the third respondent shall be at liberty to proceed further with evicting the unauthorised illegal occupants and demolishing of such quarters in Barracks Land Village, Venkagteswara Village, Belvedre Village and Carnatic Mill Village. 9. In paragraph-6 it is stated that the workers agreed to withdraw all pending issues/cases/representations/petitions which are negotiated and settled between the parties during negotiations as fully settled. 10. It is also stated in sub paragraph-4 that the workers were shown in Annexure F,G,H and I shall be paid upon discharge of the Company by BIFR/AAIFR and upon withdrawal of their respective court cases by both parties filing a compromise memo before concerned/courts/authorities for disposal in terms of this MOU. 11. All the 244 workers are permitted to purchase plots and there is no impediment for Electricity Board to consider the application, if any presented by the workmen including the petitioners. In case, occupants of the respective plots become owners in terms of MOU, there will be no impediment for the Electricity Board to process the applications and provide electricity supply. Since it is alleged by the respondent Management that some workers in the quarters are illegally occupying the same, Electricity Board will have to treat such cases again in terms and conditions applicable for electricity supply. 12. In the light of the same, all the writ petitions are disposed of. It is for the petitioners to work out their remedies in terms of MOU, signed between the petitioners representatives and the third respondent Management dated 25. 2008 referred to above. No costs.