Tamil Nadu - Madurai   

High Court Bench dismisses 57 petitions

MADURAI: The Madurai Bench of the Madras High Court has dismissed a batch of writ petitions filed by 57 persons seeking employment as bus conductors in the Tamil Nadu State Transport Corporation. While 50 of them sought appointment orders under direct recruitment, others claimed that they were retrenched staff of the corporation.

Passing common orders, Justice K. Chandru said that the first set of petitions were premature as the corporation was yet to announce the results of interviews conducted for filling up vacancies. “They (50 petitioners) will have to wait for the outcome of the interview and can challenge the selection of others or the non-selection of the petitioners in appropriate proceedings.”

In so far as other petitioners were concerned, he said that only the labour court was competent to decide whether the petitioners would come under the definition of retrenched staff. The Judge recalled a judgement delivered by him in K. Kumaran versus State of Tamil Nadu wherein it was held that the petitioners had to prove that their claim was not hit by the exception found in Section 2 (bb) of the Industrial Disputes Act.

The Section states that the workers who were terminated owing to non-renewal of a contract could not be defined as retrenched staff.

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