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2024 DAILYLAW 4385 (MAD)

C.DURAISAMI v. SAIL REFRACTORY COMPANY LTD

WP/16783/2024 · 2026-06-23

K Surender

Transfer Petitionbody2024

Judgment text

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WP No. 16783 of 2024 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-06-2026 CORAM THE HON'BLE MR.JUSTICE K.SURENDER WP No. 16783 of 2024 and W.M.P.Nos.18448 and 18449 of 2024 --- 1. C.Duraisami 2. A. Subramani 3. R. Chinnaiyan 4. N.Govindan 5. P. Ponusamy 6. P. Rajendran ..Petitioners Vs. 1. Sail Refractory Company Ltd Rep. by its Chief Operating Officer, Post Box No.565, BSCL Road, Salem - 636 005. 2. The General Manager (Personnel and Administration) SAIL Refractory Company Limited, Post Box No.565 BSCL Road, Salem - 636 005. ..Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to continue the petitioner-workmen upto the age of 60 years as per Certifying https://www.mhc.tn.gov.in/judis WP No. 16783 of 2024 __________ Page2 of 4 Officer order, dated 06.03.2015 and confirmed on 20.11.2015 under the Industrial Employment (Standing Orders) Act, 1946 as the 1st respondent has agreed to absorb them by an agreement dated 25.04.2013 in overall settlement of the Award dated 16.02.2006 passed in I.D.No.592 of 2001. For Petitioners: Mr.V.Govardhanan For Respondents : No appearance for R-1 Mr.P.Raghunathan for M/s.T.S.Gopalan, for R-2 ORDER This Writ Petition is filed for issuance of a Writ of Mandamus to 26 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to continue the petitioners-workmen upto the age of 60 years as per Certifying Officer order, dated 06.03.2015 and confirmed on 20.11.2015 under the Industrial Employment (Standing Orders) Act, 1946, as the first respondent has agreed to absorb them by an agreement dated 25.04.2013 in overall settlement of the Award dated 16.02.2006 passed in I.D.No.592 of 2001. 2. This Court, by order dated 28.06.2024, has directed the parties to maintain status-quo in respect of the services of petitioners and not to dispense with their services until next date of hearing. 3. It is not in dispute that, pursuant to the above said interim order passed by this Court, the petitioners are continuing in service and this Court has https://www.mhc.tn.gov.in/judis WP No. 16783 of 2024 __________ Page3 of 4 directed the Management to request the contractor, in respect of the continuation of the services of the petitioners. 4. The fact remains that the petitioners will attain the age of 60 years on 30.06.2026. In view of the same, this Writ Petition is disposed of, with a direction to the respondents to permit the petitioners to retire and extend all superannuation benefits to them and the Management is directed to pay the benefits, for which both the petitioners, are entitled to. 5. With the above observations/directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the miscellaneous petitions are closed. (K.SURENDER, J) 23-06-2026 cs To 1. Sail Refractory Company Ltd Rep. by its Chief Operating Officer, Post Box No.565, BSCL Road, Salem - 636 005. 2. The General Manager (Personnel and Administration) SAIL Refractory Company Limited, Post Box No.565 BSCL Road, Salem - 636 005. https://www.mhc.tn.gov.in/judis WP No. 16783 of 2024 __________ Page4 of 4 K.SURENDER, J. CS WP No. 16783 of 2024 23.06.2026 https://www.mhc.tn.gov.in/judis