On completion of 480 days of work in course of two years, employee becomes entitled for permanent status.

1. The facts giving rise to the present writ petition are as follows:-

One L. Venkataramanan, the deceased husband of the present petitioner, was appointed as contingent watchman in the office of the Executive Engineer under the Board. He was in duty since 5.2.1983. On 24.8.1986, while traveling for the purpose of official duty, he met with an accident and subsequently expired on 25.8.1986. The petitioner was aged about 27 and had completed SSLC. She had applied to the Board for appointment on compassionate ground. The Board, however, vide letter dated 23.3.1989, rejected the application of the petitioner on the ground that the services of the husband of the petitioner had not been regularised. It is the contention of the petitioner that since her husband had worked for about 3½ years and had completed more than 480 days of continuous service, he was entitled to be made permanent as per Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. In course of time, a settlement under Section 12(3) of the Industrial Disputes Act was entered into between the Board and the Trade Union. As per the terms of the settlement it was resolved to make all the Nominal Muster Roll workmen permanent. Subsequently, on the same analogy, as per the proceedings dated 19.5.1997, personnel engaged on work charged establishment basis and contingent basis were also ordered to be made permanent. It is the case of the petitioner that if permanent status would have been conferred on her husband, she would have been entitled to all the benefits such as appointment on compassionate ground as well as family pension. The petitioner thereafter filed two representations in June and December 1997, but there was no response. The contention of the petitioner is to the effect that even assuming that her husband was employed only as a contingent watchman, she is entitled to family pension as per the provisions contained in Tamil Nadu Pension Rules, which are made applicable to the Board by virtue of Regulation 58 of the Board Service Regulations. It is the further contention of the petitioner that whatever might have been the position in 1986, after the settlement dated 8.8.1996, the benefits should have been given to the petitioner. On the aforesaid averments, the petitioner has filed this writ petition praying for issuance of writ of mandamus directing the Tamil Nadu Water Supply and Drainage Board, hereinafter referred to as the Board, to sanction family pension as per the Tamil Nadu Pension Rules with effect from the date of death of her husband and also a further direction to give her appointment on compassionate ground.

2. On the basis of the aforesaid facts, which are not in dispute, two questions arise for determination. Firstly, whether the petitioner is entitled to get family pension and, secondly, whether direction can be issued regarding employment of the petitioner on compassionate ground.

3. To consider the questions raised, section 3(1) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 is relevant. The provision is to the following effect:-

"3. Conferment of permanent status to workmen.--(1) Notwithstanding anything contained in any law for the time being in force every workman who is in continuous service for a period of four hundred and eighty days in a period of twenty four calendar months in an industrial establishment shall be made permanent.

4. A bare perusal of the aforesaid provision makes it clear that such provision casts an obligation on the employer to confer permanent status on an employee who has completed 480 days work in course of two years. It is of course true that during the lifetime of the husband of the petitioner, no such permanent status was actually conferred by any order of the Management. It is also true that jurisdiction has been conferred on the Inspector to conduct enquiry if necessary to find out whether an employee