The main legal point established is that under The Tamil Nadu Establishments (Conferment of Permanent Status to Workmen) Act, 1981, a workman is entitled to permanent status upon completing 480 days of continuous service within a period of 24 calendar months, and any deviation from this statutory provision is deemed arbitrary and contrary to the legislative intent.

COMMON ORDER

1. In this batch of writ petitions, the petitioner, a Trade Union, has prayed for the issue of a writ of certiorari to call for the records of the proceedings of the Inspector of Plantation, Gudalur, in the respective proceedings dated 22.10.97 and quash the same insofar as it confers permanent status on the workmen from the date of order and consequentially direct the 2nd respondent to pass order conferring permanent status on the workmen with effect from the date of completion of 480 days in service.

2. In all the writ petitions, identical relief has been claimed contending that while conferring permanent status to plantation labourers, such conferment should have been ordered from the date on which the respective plantation worker has completed 480 days and not from the date of communication of the order passed by the 2nd respondent. The facts are not in controversy. Hence, it is not necessary to refer to the case and counter case of the parties.

3. The workmen moved an application under The Tamil Nadu Establishments (Conferment of Permanent Status to Workmen) Act, 1981, hereinafter called the Act, before the 2nd respondent. By proceedings dated 22.10.97, the claims of the respondents were considered and sustained by the 2nd respondent. The 2nd respondent also sustained the claim of each workmen, for whose benefit this batch of writ petitions have been filed holding that the workmen has put in 480 days of continuous service within a period of 24 calendar months and, therefore, they are entitled for conferment of permanent status. However, towards the end of his order, it has been directed that the permanent status shall be conferred from the date of communication of his proceedings.

4. According to the petitioners, the conferment of permanent status should have been ordered with effect from the date on which each of the worker has completed 480 days of continuous service within a period of 24 calendar months. The present direction that permanent status shall be conferred with effect from the date of communication of the proceedings of the 2nd respondent is being challenged as arbitrary, denial of valuable rights conferred on the workmen for a considerable period and the denial of benefits accrued by the statutory provisions of the Act.

5. The only point that arises for consideration in this batch of writ petitions is :-

"Whether the workers, who moved the 2nd respondent are entitled for a direction for conferment of permanent status from the date on which each one of them completed 480 days of continuous service within a period of 24 calendar months ? or only from the date on which the proceedings of the 2nd respondent is communicated ?"

6. There is no dispute that the workers have completed 480 days of continuous service within a period of 24 calendar months long prior to their moving the 2nd respondent. Section 3 of the Act mandates that notwithstanding anything contained in any law for the time being in force, every workman, who is in continuous service for a period of 480 days, within a period of 24 calendar months, in an industrial establishment, he or she shall be made permanent. Sub-section (2) of Section 3 directs that when a workman shall be said to be in continuous service. Section 5 of the Act confers powers on the Inspectors, who have to inspect industrial establishments within his jurisdiction, make such examination of the industrial establishment, its registers, records and notices and take on the spot or elsewhere evidence of such person as he may deem necessary, for carrying out the purposes of the Act viz., conferment of permanent status.

7. Section 2 (3) defines the expression "industrial establishment". Plantation labour is defined under clause (f) of Section 2 of The Plantation Labour Act by inclusive definition it has been included as an industrial establishment under the Act. Section 6 of the Act provides for penalties and an employer, who contravenes the provisions of Section 3 shall