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2024 Supreme(SC) 497

SANJAY KAROL, PRASANNA BHALACHANDRA VARALE
Tamil Nadu Medical Services Corporation Limited – Appellant
Versus
Tamil Nadu Medical Services Corporation Employees Welfare Union – Respondent


Advocates appeared:
For the Petitioner(s): Mr. S. Nandakumar, Sr. Adv. Ms. Deepika Nandakumar, Adv. Ms. Preeti Nair, Adv. Mr. Naresh Kumar, AOR Mr. K. K. Mani, AOR Ms. T.archana, Adv. Mr. Rajeev Gupta, Adv.
For the Respondent(s): Mr. K. K. Mani, AOR Ms. T.Archana, Adv. Mr. Rajeev Gupta, Adv. Mr. S. Nandakumar, Sr. Adv. Ms. Deepika Nandakumar, Adv. Ms. Preeti Nair, Adv. Mr. Naresh Kumar, AOR Mr. D. Kumanan, AOR Mr. Deepa. S, Adv. Mr. Sheikh F. Kalia, Adv. Ms. G. Indira, AOR Mr. P Gandepan, Adv. Mr. Ashwini Kumar, Adv. Ms. D Poornima, Adv.

1. Leave to appeal by special leave granted.

THE APPEALS

2. The cross appeals, one by the Tamil Nadu Medical Services Corporation Limited1 [Hereinafter ‘the Corporation’] and the other by the Tamil Nadu Medical Services Corporation Employees Welfare Union2 [Hereinafter ‘the Union’] question the judgment and order dated 9th August, 2019, passed by the High Court of Judicature at Madras in W.P. Nos. 17133 of 2001 and 15241 of 2009 respectively. The position of the parties is in accordance with SLP (C) No. 30005 of 2019.

3. The impugned judgment came to be passed in Writ Petition No. 17133/2001 which was directed against order dated 31st March, 2001 of the Inspector of Labour, Circle-III, Chennai3 [Hereinafter ‘Inspector of Labour’] by which the claim of 53 workmen to be conferred permanent status in the Corporation was accepted, while the claim of 42 others was rejected.

4. W.P. No. 15241 of 2009 was filed by 22 out of the said 53 workmen seeking a writ of mandamus to be granted employment in the Corporation as per the order of the Inspector of Labour.

QUESTIONS BEFORE THIS COURT

5. The questions that this Court is to consider are:

    (i) Whether the Tamil Nadu Industrial Establishments (Confe


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