W.P(MD)Nos.8192, 8201, 8209 & 8213 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2021 CORAM: THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)Nos.8192, 8201, 8209 & 8213 of 2021 1.W.P(MD)No.8192 of 2021:- K.Muthulakshmi ... Petitioner vs. 1.The Assistant Commissioner of Labour, Authority under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act, 1981, Dindigul. 2.The President, A.1410, R.Pudhukkottai Primary Agricultural Co-operative Credit Society, R.Pudhukkottai Post, Gujjiliamparai Taluk, Dindigul District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to implement the order passed by the first respondent in Pa.Nee.Sa.Va.No.35/2020 (Na.Ka.Aa.No.3966/2019) dated 27.01.2021 and consequently direct the second respondent to regularize her service as Assistant/Clerk with effect from 30.06.2014 with all other consequential and attendant monetary benefits. 2.W.P(MD)No.8201 of 2021:- T.Meena ... Petitioner vs. 1.The Assistant Commissioner of Labour, Authority under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act, 1981, Dindigul. 2.The President, R.518, Kannumeikkipatti Primary Agricultural Co-operative Credit Society, Kannumeikkipatti, Gujjiliamparai Taluk, Dindigul District. ... Respondents 1/5 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)Nos.8192, 8201, 8209 & 8213 of 2021 Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to implement the order passed by the first respondent in Pa.Nee.Sa.Va.No.33/2020 (Na.Ka.Aa.No.3963/2019) dated 27.01.2021 and consequently direct the second respondent to regularize her service as Assistant/Clerk with effect from 12.10.2017 with all other consequential and attendant monetary benefits. 3.W.P(MD)No.8209 of 2021:- P.Palaniappan ... Petitioner vs. 1.The Assistant Commissioner of Labour, Authority under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act, 1981, Dindigul. 2.The President, M.P.3, Gujjiliamparai Panchayat Union, Employees Co-operative Thrift and Credit Society, Gujjiliamparai Taluk, Dindigul District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to implement the order passed by the first respondent in Pa.Nee.Sa.Va.No.36/2020 (Na.Ka.Aa.No.3965/2019) dated 27.01.2021 and consequently direct the second respondent to regularize her service as Assistant/Clerk with effect from 30.06.2009 with all other consequential and attendant monetary benefits. 4.W.P(MD)No.8213 of 2021:- S.Durga ... Petitioner vs. 1.The Assistant Commissioner of Labour, Authority under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act, 1981, Dindigul. 2.The President, A.1976, Narasingapuram Primary Agricultural Co-operative Credit Society, Narasingapuram, Gujjiliamparai Taluk, Dindigul District. ... Respondents 2/5 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)Nos.8192, 8201, 8209 & 8213 of 2021 Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to implement the order passed by the first respondent in Pa.Nee.Sa.Va.No.34/2020 (Na.Ka.Aa.No.3964/2019) dated 27.01.2021 and consequently direct the second respondent to regularize her service as Assistant/Clerk with effect from 09.06.2018 with all other consequential and attendant monetary benefits. For Petitioner : Mr.D.Shanmugaraja Sethupathi (In all W.Ps') For R – 1 : Mr.R.Murugaraj (In all W.Ps') Additional Government Pleader For R – 2 : Mr.N.Shanmugaselvam (In all W.Ps') Government Advocate COMMON ORDER These Writ Petitions are filed seeking Writs of Mandamus, directing the second respondent to implement the order passed by the first respondent, dated 27.01.2021 and consequently direct the second respondent to regularize their services as Assistant/Clerk with effect from 30.06.2014, 12.10.2017, 30.06.2009 and 09.06.2018 respectively, with all other consequential and attendant monetary benefits. 2.Heard the learned counsel appearing for the petitioner and Mr.R.Murugaraj, learned Government Advocate, who accepts notice on behalf of the first respondent and Mr.N.Shanmugaselvam, learned Additional Government Pleader, who accepts notice on behalf of the second respondent. 3.By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself. 4.According to the petitioners, they have completed Under Graduation course in Annamalai University and they have also completed Diploma in Co-operative Management through Tamil Nadu Co-operative Union. Subsequently, they have completed certificate course of Diploma in Jewel Appraisal and its Techniques through Tamil Nadu Co-operative Union. Based on the resolution passed by the second respondent Society, the petitioners were appointed as Jewel Appraisers and they have been continuously working from 30.06.2012, 12.10.2015, 28.06.2007 and 01.07.2016 respectively and subsequently, based on the resolution passed by the second respondent Society, they were paid consolidated pay. In the meantime, the petitioners have submitted petitions before the 3/5 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)Nos.8192, 8201, 8209 & 8213 of 2021 first respondent under the provisions of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981, seeking direction to regularize their services in the second respondent Society. The second respondent Society entered appearance and specifically admitted that the petitioners have been working in the said Society for more than 9 years, 5 years, 12 years and 3 years respectively and they have been working in the post of Assistants, besides doing the job of Jewel Appraisers. After hearing the parties, the first respondent, vide order dated 27.01.2021, held that the petitioners are entitled for regularization on completion of 2 years of their services and directed the second respondent to regularize their services within a period of 30 days. Since the time limit fixed by the first respondent has already expired, the petitioners sent representations to the second respondent on 10.04.2021, seeking to implement the orders passed by the first respondent, but so far, no action has been taken on the side of the second respondent. Hence, the petitioners have come out with the present Writ Petitions. 5.Mr.N.Shanmugaselvam, learned Additional Government Pleader appearing for the second respondent submitted that the second respondent, vide order dated 22.04.2021, has given written instructions that within a period of two weeks, the orders passed by the first respondent will be implemented and produced the copy of the letter written by the second respondent addressing to the learned Additional Government Pleader. 6.In view of the same, all the Writ Petitions are disposed of directing the second respondent to implement the orders passed by the first respondent, seeking regularization of their services within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. 4/5 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)Nos.8192, 8201, 8209 & 8213 of 2021 To 1.The Assistant Commissioner of Labour, Authority under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act, 1981, Dindigul. 2.The President, A.1410, R.Pudhukkottai Primary Agricultural Co-operative Credit Society, R.Pudhukkottai Post, Gujjiliamparai Taluk, Dindigul District. 3.The President, R.518, Kannumeikkipatti Primary Agricultural Co-operative Credit Society, Kannumeikkipatti, Gujjiliamparai Taluk, Dindigul District. 4.The President, M.P.3, Gujjiliamparai Panchayat Union, Employees Co-operative Thrift and Credit Society, Gujjiliamparai Taluk, Dindigul District. 5.The President, A.1976, Narasingapuram Primary Agricultural Co-operative Credit Society, Narasingapuram, Gujjiliamparai Taluk, Dindigul District. +4 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-17059, 17061 to 17063[F] ) +1 CC to Mr. Special Government Pleader, SR.No. 17379 W.P(MD)Nos.8192, 8201, 8209 & 8213 of 2021 22.04.2021 TP(CO) TR(17.05.2021) 5P 11C 5/5 https://hcservices.ecourts.gov.in/hcservices/