Madras High Court

WP/41822/2026 of P.Poorani Vs The Chairman and Managing director on 26 October 2026

WP No. 41822 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-10-2026

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

WP No. 41822 of 2026

CNR: {HCMA011891552026}

1. P.Poorani

2. D.Prakash

..Petitioner(s)

Vs

1. The Chairman and Managing director

Tamil Nadu Power Corporation Ltd.,

No. 144 Anna Salai,

Chennai 02

2. The Chief Engineer/ Personnel

TANGEDCO,

No. 144 Anna Salai,

Chennai 02

3. The Superintending Engineer

Villupuram Electricity Distribution circle, Tamil Nadu Generation and Distribution Corporation, Villupuram

4. The Inspector of Labour

(Authority under the Tamil nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act 1981

Villupuram

..Respondent(s)

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the order of the 3rd respondent in Lr.No. 042988- 2/ Adm.1/ A.3/ F.Court Case / 2023 dated 5.12.2023, quash the same and consequently direct the respondents to grant permanent absorption to the petitioners in terms of B.P.

(Chairman) No. 9, Administrative Branch, dated 9.01.2008, by considering the petitioners’ qualifying service of 480 days of continuous service within 24

WP No. 41822 of 2026

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calendar months and the materials produced by them as per the order of the 4th respondent in Pa.Mu.No.A/ 497/ 2015 dated 22.06.2017.

For Petitioner(s):

Mr.V.Elangovan

For Respondent(s):

Mr.A.P.Venkatash Prasad, for

M/s.Advit Law Chamber for R1 to R3

ORDER

This writ petition has been filed seeking a writ of certiorarified mandamus, calling for the records relating to the order of the 3rd respondent in Lr.No.042988-2/Adm.1/A.3/F.Court Case/2023 dated 05.12.2023, quash the same and consequently direct the respondents to grant permanent absorption to the petitioners in terms of B.P.(Chairman) No.9, Administrative Branch, dated 09.01.2008, by considering the petitioners’ qualifying service of 480 days of continuous service within 24 calendar months, along with the materials produced by them, as directed by the order of the 4th respondent in Pa.Mu.No.A/497/2015 dated 22.06.2017.

2. When the matter is taken up for consideration, Mr. A.P.Venkatesh Prasad, learned counsel appearing for the respondents 1 to 3, placed before this Court a copy of the order dated 08.03.2024 passed by the learned Division Bench of this Court in W.P.Nos.5245, 5250 & 5251 of 2020, wherein an identical issue has come up for consideration and the petitioner therein was relegated to approach the Labour Court.

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3. As there are disputed questions of fact and no documentary evidence is available in support of the case of the petitioners, the learned counsel for the petitioners also sought permission of this Court to withdraw the writ petition, with liberty to approach the concerned Labour Court for seeking the very same relief.

4. However, this Court, having taken note of the fact of the long lapse of time, is of the considered view that the petitioners should be permitted to avail the said remedy before the Labour Court, without any reference to limitation.

5. In the light of the above, the writ petition is dismissed as withdrawn, granting liberty to approach the concerned Labour Court on the very same cause of action. In case if the petitioners approach the concerned Labour Court within a period of six weeks from the date of receipt of a copy of this order, the petitioners shall be at liberty to invoke the provisions of Industrial Relations Code, 2020 and avail the remedies thereunder, without any reference to the period of limitation. In case if any such dispute is raised by the petitioners within the time stipulated above, the same shall be entertained by the authorities/forum concerned without any reference to the period of limitation.

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6. Connected miscellaneous petitions, if any, shall stand closed. No costs. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dpa To

1. The Chairman and Managing director Tamil Nadu Power Corporation Ltd., No. 144 Anna Salai, Chennai 02

2. The Chief Engineer/ Personnel TANGEDCO, No. 144 Anna Salai, Chennai 02

3. The Superintending Engineer Villupuram Electricity Distribution circle, Tamil Nadu Generation and Distribution Corporation, Villupuram

4. The Inspector of Labour (Authority under the Tamil nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act 1981 Villupuram

WP No. 41822 of 2026

MUMMINENI SUDHEER KUMAR, J. dpa WP No. 41822 of 2026 26-10-2026

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