W.P. No. 15447 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.04.2025 CORAM THE HON'BLE Mr. JUSTICE M.DHANDAPANI W.P. No. 15447 of 2025 V.Dayanandam … Petitioner -vs- The Management Metropolitan Transport Corporation (Chennai) Ltd. Pallavan Illam No.2, Pallavan Salai Chennai-600002. ... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, after calling for the records relating to the Award dated 27.03.2023 of the I Additional Labour Court, Chennai passed in O.P. No. 91 of 2019, quash the same and consequently direct the respondent to regularize the service of Mr.N.Siva from 21.06.2007 with consequential benefits, award costs. For Petitioner : Mr.S.T.Varadarajalu For Respondent : Mr.A.Vinoth Raj (R1) O R D E R The petitioners Sangam is running for the cause of its members those who are working in Government Transport Corporation. A Sangam has filed this writ petition aggrieved by the order passed by the I Additional Labour Court, Chennai in O.P.No.91 of 2019 dated 27.03.2022. 1/6 https://www.mhc.tn.gov.in/judis W.P. No. 15447 of 2025 2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent and perused the materials placed on record, apart from the pleadings of the parties. 3. The petitioners Sangam is running for the cause of its members those who are working in Government Transport Corporation. A Sangam has filed this writ petition aggrieved by the order passed by the I Additional Labour Court, Chennai in O.P.No.91 of 2019 dated 27.03.2022. 4. The short facts are as follows: The three members of the petitioner sangam were initially appointed on temporary basis. According to the Sangam, six members of the petitioner completed 240 days of working as on 21.06.2007, 12.08.2007 and 20.07.2007. While so, instead of regularizing the service, the respondent denied employment to them from 21.11.2007 onwards without prior notice or any reason. According to the Sangam, as per the Section 25(h) of the ID Act, those employees who have completed 240 days of service shall be made permanent. 5. Meantime, there were writ petitions filed by the petitioner sangam praying to regularize workers who have completed 240 days of service. This court had also passed a series of orders. 2/6 https://www.mhc.tn.gov.in/judis W.P. No. 15447 of 2025 6. The employees herein were regularized and appointed in time scale of date w.e.f. 01.11.2008 and 01.12.2008. Contending that there services should be regularized retrospectively from 21.06.2007, 28.06.2007, 20.07.2007, the sangam has raised dispute before the Labour Court, Chennai. 7. Before the Labour Court, both sides had not let in any evidence. On the side of the sangam, 8 documents were marked. On the side of the management, three documents were marked. On an analysis of the materials placed before it, the Labour Court negatived the prayer sought for by the petitioner sangam and rejected the petition. Challenging the same, the present writ petition has been filed. 8. Admittedly, the members of the sangam were employed on temporary basis. Even in the initial appointment order, it has been clearly stated that these employees would be considered for regularization when permanent vacancies arises, based on their seniority and their work efficiency. The appointment order was clarified that the number of days work by the employees will not be considered since the employees are only appointed as temporary basis. Subsequently, they were ousted by the corporation from time to time. There was also a recruitment ban between the year 2001 to 2005. Admittedly, the 3/6 https://www.mhc.tn.gov.in/judis W.P. No. 15447 of 2025 employees were retrenched much before the recruitment ban. After the ban was lifted, the respondent started recruiting the drivers afresh those who have already worked on temporary basis and were retrenched, have approached this Court and filed writ petitions. This Court observed that those who have completed 240 days in respective corporation and satisfied necessary conditions shall be re-employed. This Court also further clarified that those who worked less than 240 days shall also be given re-employment and their services will be regularized, only after completion of 240 days subject to fulfilling other conditions if any and their services would regularized only after completion of 240 days subject to fulfilling other conditions. In another WP.No.22852/2012 this Court held that this Court directed the respondents to fill up the vacancies as per the regular permanent norms per bus as provided in G.O.D. No.41 dated 16.03.2007 based on their seniority. This Court also clarifies that reserve category employees against who specific cases are pending like fatal accident, misbehavior, major accident, theft, fate collected ticket not issued cases need not be considered. 9. On 22.08.2006, the employees has been re-appointed as casual labourers based on the orders passed by this Court. On completion of 240 days, the employees had been appointed in time scale of date on 01.11.2008 and 4/6 https://www.mhc.tn.gov.in/judis W.P. No. 15447 of 2025 01.12.2008. As rightly observed by the Labour Court, the sangam had kept silent for about seven years and only in the year 2015, they have raked up this issue and raised an industrial dispute. 10. The Labour Court further observed that though the employees claimed that they have completed 240 days on 21.06.2007, 12.08.2007 and 22.07.2007, no document was produced to show that they in fact satisfactorily completed 240 days on those days. 11. In the absence of any positive evidence from the employees to show that they have completed 240 days on the date of claim made by them, there cannot be any direction to the Corporation to regularize their services w.e.f. The date they sought for. Therefore, this Court is in complete agreement with the order passed by the Labour Court. 12. The writ petition therefore stands dismissed. No costs. 30.04.2025 rli M.DHANDAPANI, J. 5/6 https://www.mhc.tn.gov.in/judis W.P. No. 15447 of 2025 Rli Index: Yes/No Internet: Yes/No Speaking /Non-speaking order Neutral Case Citation : Yes/No To 1. I Additional Labour Court, Chennai 2. The Management Metropolitan Transport Corporation (Chennai) Ltd. Pallavan Illam No.2, Pallavan Salai Chennai-600002. W.P. No. 15447 of 2025 Dated : 30.04.2025 6/6 https://www.mhc.tn.gov.in/judis