In a significant ruling, the Madurai Bench of the Madras High Court has held that terminated seasonal workers of the Tamil Nadu Civil Supplies Corporation (TNCSC) are entitled to participate in future recruitment processes, along with age relaxation. Justice Shamim Ahmed observed that these workers should not suffer due to procedural irregularities committed by the selection authorities during their initial recruitment.
The case arose when Maheshwaran and 20 others, who had served as Seasonal Watchmen during the 2018–2019 paddy procurement season, were not re-engaged in the subsequent season. Instead, TNCSC brought in workers from Tirunelveli to Madurai, bypassing the petitioners. Later, through an order dated February 15, 2021, their appointments were terminated on the grounds that the recruitment process did not comply with proper guidelines.
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The petitioners challenged this termination, seeking reinstatement and back wages. Represented by Advocate D. Kirubakaran, they argued that their recruitment had been through a public process and that the 1997 agreement between the Corporation and trade unions provided for preference and age relaxation for seasonal workers in future recruitments. It was submitted that the decision to terminate them was made without a hearing or enquiry, violating principles of natural justice.
On the other hand, TNCSC, through Standing Counsel G. Mohankumar, contended that the petitioners were temporary employees appointed only for one season. Since the recruitment was irregular, departmental action had already been initiated against the selection committee members involved, and the workers had no right to seek reinstatement or monetary benefits.
The petitioners were not responsible for the recruitment irregularities. The selection committee erred, and disciplinary actions have already been initiated against those officials, the court observed.
Justice Shamim Ahmed noted that while the workers were engaged temporarily and their termination was legally valid, they could not be blamed for the flawed recruitment process. "The termination should not adversely affect the petitioners' reputation, as the responsibility for the irregularities lies with the authorities," the Court said.
Emphasizing fairness, the Court ruled that the petitioners must be allowed to participate in any future recruitment drives. Considering the petitioners' prior experience, it is reasonable to grant an age relaxation in the forthcoming selection process, the judge directed.
While dismissing the demand for reinstatement and back wages, the court ordered that the petitioners be considered independently in future recruitment, without influence from the flawed 2018–2019 process. The court further directed TNCSC to carry out future hiring in a fair and transparent manner, strictly in line with recruitment guidelines.
The petitioners shall not be entitled to any arrears of monetary benefits but should be allowed to apply in future recruitments with the possibility of age relaxation, the judgment concluded.
