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2015 DIGILAW 1411 (MAD)

N. Arumugam v. Commissioner, Hindu Religious & Charitable Endowment Department, Nungambakkam, Chennai

2015-03-11

K.RAVICHANDRABAABU

body2015
JUDGMENT : 1. This writ petition is filed seeking for a Mandamus directing the respondents 1 to 4 to implement the order passed by the Inspector of Labour in Na.Ka.No.1216/2013, dated 4.7.2014, by giving preference to the petitioner than the respondents 5 and 6. 2. Though such prayer sought for in this writ petition, the learned counsel appearing for the petitioner submitted that the petitioner is confining his prayer only to the extent that the respondents 1 to 4 may be directed to implement the order passed by the Inspector of Labour, dated 04.07.2014 alone. Thus, he submitted that the petitioner is not seeking any preferential treatment than the respondents 5 and 6. 3. It is the case of the petitioner that he was appointed on temporary basis on 01.03.2001 and subsequently, the second respondent recommended his name for accepting the appointment by the first respondent. As the petitioner's appointment was not regularized, the petitioner moved application before the Inspector of Labour, seeking for permanent status. By an order dated 04.07.2014, the Inspector of Labour directed the respondents 3 and 4 to give permanent status to the petitioner. However, till this date, the respondents 1 to 4 have not given any permanent status as directed by the Inspector of Labour, dated 04.07.2014. 4. This matter was earlier taken up for hearing on 09.02.2015. On which date, the matter was adjourned by two weeks for filing counter affidavit. However, this matter is taken up only today for further hearing. The learned counsel appearing for the fourth respondent is seeking further time to file counter affidavit. However, when a question is put by this Court as to whether the order passed by the Inspector of Labour, dated 04.07.2014, has been challenged or not, the learned Additional Government Pleader appearing for the respondents 1 to 3 as well as the learned counsel appearing for the respondents 4 categorically stated that the same has not been challenged so far. When that being the factual position, I find no reason to adjourn the matter further for filing any counter affidavit by the fourth respondent as no purpose would be served by granting such time, especially when the order passed by the Inspector of Labour, dated 04.07.2014, granting permanent status to the petitioner has become final and there could be no other impediment for the respondents 1 to 4 to give effect to the said order. The petitioner is fighting for 14 years to get his permanent status. Therefore, this Court is fully convinced to issue mandamus directing the respondents 1 to 4 to implement the order passed by the Inspector of Labour, dated 04.07.2014, within a period of six weeks from the date of receipt of a copy of this order. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.