IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 17.07.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NOs.42186 and 42187 OF 2002 ...... V.Karnal ...Petitioner (in WP No.42186/2002) A. Jainulabdeen ... Petitioner (In WP No.42187/2002) Vs. 1.State of Tamil Nadu, rep. By the Secretary to the Government, Small Industries Department, Fort St. George, Chennai.9. 2.The Secretary to Government of Tamil Nadu, Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai.9. 3.Tamil Nadu Khadi Village Industries Board, rep. By its Chief Executive Officer, Kuralagam, Chennai.108. 4.Tamil Nadu Leather Development Corporation Ltd., rep. By its Chairman, 52 Krishnadoss Road, Perambur, Chennai.12. ...Respondents (In both W.Ps.) Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to Khadi Boards Proceedings Ms.(No.71), dated 14.11.2002 on the file of the third respondent and to reinstate the petitioner/s in service with attendant benefits. https://hcservices.ecourts.gov.in/hcservices/ For Petitioners : Mrs.M. Srividya For Respondents : Mr.L.S.M.Hasan Fizal, Govt. Advocate – R1 & R2 Mr. B. Packiaraj - R3 ORDER The first petitioner V. Karnal, after undergoing foot work training in the department of Industries and Commerce, joined the leather unit of Tamil Nadu Small Industries Corporation in the year 1967. He was promoted as Supervisor on establishment of The Tamil Nadu Leather Development Corporation Limited, 4th respondent . The petitioner was absorbed as an employee in TALCO in the year 1986. The petitioner was promoted as a foreman Grade II in the year 1993 and he was transferred to leather procurement centre in the year 1998. The 2nd petitioner Jainulabdeen holds a certificate in leather and leather goods technology issued by the Leather Research Institute, Chennai. He joined in the services of the 4th respondent as a foreman in the year 1986 and he was transferred in the year 1989 to TALCO Leather Work at Perambur. 2. The first respondent Government recommended winding up of Tamil Nadu Leather Corporation Limited, 4th respondent and consequently passed G.O.Ms.No. 54, dated 30.10.2002. As per clause (iii) © and (d) of the above said Government Order, the Tamil Nadu Khadi and Village Industries Board was requested to absorb the assets, liabilities and staff of the 4th respondent. This was followed by the proceedings of the Khadi Board in Ms.No.4, dated 31.1.2001 whereby absorption of the petitioners was given effect to and the petitioners have been performing duties in Khadi and Village Industries Board. Thereafter, there were some correspondence between the Khadi board and the TALCO which resulted in passing the impugned proceedings in Ms. (No.71), dated 14.11.2002 ousting the petitioners on the ground that the post of Foreman Grade II has been abolished and such proceedings is under challenge in these two writ petitions. 3. The Government Order in G.O.Ms.No.54, dated 30.10.2002 is specific in clause © where the employees of the TALCO are directed to be absorbed by M/s. Khadi Board, The Government order is binding both on the Khadi Board and TALCO. This is evident from the letter No.12673/F1/02-1, dated 3.10.2002 sent by the second respondent, Secretary to Government to the third respondent, Khadi Board where it is stated that the G.O.Ms.No. 54, dated 30.10.2000 should be complied with without any deviation. The permission sought for by the Khadi Board for returning the employees absorbed from the TALCO was rejected. Further, the order ousting the petitioners from service has been done without following the principles of natural justice. No notice has been issued to them before passing such an order. The https://hcservices.ecourts.gov.in/hcservices/ above factual position is not disputed by the Khadi Board. The reason given in the Proceedings of the third respondent dated 14.11.2002 reads as follows: " vdnt gjtpfs; mHpf;fg;gl;Ltpl;ljhy; gzpaplk; fhyp ,y;yhj fhuzj;jpdhy; thhpaj;jpy; njhy; bjhHpypy;. bjhHpy; El;g gjtpapy; ,sepiyauhf ( Junior most ) gzpg[hpe;J tUk; fPH;fhDk; gzpahsh;fis thhpag; gzpapypUe;J btspnaw;wk; (ousting) bra;J ,jd; tHp Miz gpwg;gpf;fg;gLfpwJ/@ 4. This statement in the impugned proceedings dated 14.11.2002 is contrary to the Government Order. The third respondent Board is bound by the G.O.Ms.No. 54 and cannot deny the benefits of G.O.Ms.No.54, dated 30.10.2000 to the petitioners herein. The order ousting the petitioners cannot be sustained. Accordingly, it is set aside. The petitioner in both the cases will be entitled to all the consequential benefits as if they were in service including retirement and terminal benefits. The two writ petitions are allowed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1.The Secretary to the Government, State of Tamil Nadu, Small Industries Department, Fort St. George, Chennai.9. 2. The Secretary to Government of Tamil Nadu, Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai.9. 3.The Chief Executive Officer, Tamil Nadu Khadi Village Industries Board, Kuralagam, Chennai.108. https://hcservices.ecourts.gov.in/hcservices/ 4.The Chairman, Tamil Nadu Leather Development Corporation Ltd., 52 Krishnadoss Road, Perambur, Chennai.12. 1 cc To Mr.N.S.Sivakumar, Advocate, SR.32294 1 cc To Mr.S.Packiaraj, Advocate, SR.32510 1 cc To Government Pleader, SR.32521 WP No. 42186 & 42187/2002 VSN(CO) SRA(04/08/2009) https://hcservices.ecourts.gov.in/hcservices/