NEYVELI LIGNITE CORP.LTD. Vs NLC I.T.U. SANGAM .
Bench: H.L. GOKHALE,RANJAN GOGOI
Case number: C.A. No.-001629-001629 / 2011
Diary number: 10339 / 2008
Advocates: ANIL NAG Vs
V. N. RAGHUPATHY
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1629 OF 2011
NEYVELI LIGNITE CORPORATION LTD. Appellant(s)
:VERSUS:
NLC INDCOSERVE T.U. SANGAM & ORS. Respondent(s)
O R D E R
1. Heard Mr. Chandhiok, learned Additional
Solicitor General appearing for the appellant and
Mr. Singaravelan, counsel appearing for respondent
No.1, Mr. Beno Bencigar, counsel appearing for
respondent No.9 and Mr. Radhakrishnan, counsel for
respondent No.14.
2. Respondent No.1 had approached the High Court
seeking a writ of mandamus directing the first
respondent to absorb and regularize the members of
respondent No.1 Union as employees of the appellant
Corporation following the seniority list prepared on
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the basis of the date of entry in the appellant
Corporation either as a contract labour or
otherwise. They sought that accordingly they be
regularised in the regular employment as and when
vacancies arise because of demise, V.R.S. or
superannuation of the regular employees. That prayer
was accepted by the High Court. Being aggrieved
thereby, this appeal, by special leave, has been
filed.
3. During the pendency of this appeal, an order
was passed by this Court on 16.8.2010 upon the
statement made by the learned Additional Solicitor
General that a common seniority list of the contract
workers was being re-drawn by taking into
consideration not only the date of their membership
with NLC Indcoserve but also the date of their entry
into appellant Corporation's service through any
private contractor.
4. We are informed by Mr. Chandhiok, learned
Additional Solicitor General that the said list has
been prepared considering all the workmen and Mr.
Singaravelan, counsel appearing for respondent No.1
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has no grievance with the said list. If the workmen
have any grievance with the said seniority list,
they can submit their grievance/objection to the
management of the appellant Corporation who shall
consider the same. The seniority list of the workmen
having been prepared and is assured to be acted upon
as per seniority, we do not see any reason to keep
this appeal alive. This appeal is, therefore,
disposed of accordingly.
.........................J (H.L. GOKHALE)
...........................J (RANJAN GOGOI)
New Delhi; April 16, 2013.