Dispute regarding service conditions of an employee may be agitated under Industrial Disputes Act.

The revision petitioner, who is the Special Officer, Dharmapuri District Co-op. Sugar Mills, Palacode, is the defendant in the suit O.S.No.121 of 1998 on the file of the District Munsif, Palacode. The respondent/plaintiff filed the suit for a mandatory injunction to appoint him on permanent basis on the basis of seniority and also a Government Order, and for a permanent injunction restraining the defendant from appointing anybody-else on permanent basis.

2. The averments in the plaint are that the plaintiff is a N.M.R. employee of the defendant from 1979 and that since his family members including his father have sold 5.28 acres of land to the defendant for the purpose of constructing a sugar factory and as per a Government Order, priority must be given to the family members who have given lands for the construction of the sugar factory. But, the defendant has not made him permanent and hence, the suit.

3. The defendant has filed a written statement stating that the dispute raised by the plaintiff falls within the purview of Section 2(k) of the Industrial Disputes Act and as such, the appropriate forum constituted under the said Act alone has got jurisdiction to try and decide this dispute and that since Section 156 of the Tamil Nadu Cooperative Act, 1983, expressly bars the jurisdiction of the Civil Court, the dispute also falls within the purview of Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, and therefore, the suit is not maintainable before the Civil Court.

4. The learned District Munsif dismissed the suit in respect of the prayer seeking permanent injunction, but decreed the suit granting mandatory injunction. Aggrieved over this, the defendant/employer has filed this revision./

5. The learned Counsel appearing for the petitioner/defendant would contend that since the dispute between the plaintiff and the defendant is that of the dispute between an employee and employer, it is squarely covered by the Industrial Disputes Act and that the plaintiff cannot file a suit in Civil Court and the jurisdiction of the Civil Court is ousted and the remedies lie in an appropriate forum constituted under the Industrial Disputes Act.

6. The learned Counsel appearing for the respondent/plaintiff would contend that the suit is seeking for permanent employment as ordered by the Government of Tamil Nadu in G.O.Ms.No.656 Labour and Employment Department dated 29.06.1978, wherein the Government has ordered that at least one member of the family, which has been displaced on account of acquisition of the land for the establishment of a project, must be given priority in the matter of appointment in the said project and also on the basis of seniority.

7. The fact that about 5 acres of land belonging to the plaintiff's family has been acquired for the purpose of construction of the sugar factory is not in dispute. The learned Counsel appearing for the petitioner/defendant would also submit that one of the brothers of the plaintiff has been already given permanent employment in the defendant's sugar factory and thus, the obligation under the said G.O. has already been fulfilled. According to the seniority list of 2002 maintained by the defendant, the plaintiff figures in rank No.87 and therefore, the defendant contends that it is impossible to appoint the respondent as a permanent employee in the sugar mill. The most vital contention on the part of the petitioner/defendant is that the dispute between the plaintiff and the defendant is an industrial dispute, which could be resolved only by the appropriate forum constituted under the Industrial Disputes Act.

8. The respondent/plaintiff prays appointment on permanent basis not only on the basis of the said G.O., but also on seniority. Whether a workman was kept as temporary workman for a longer period than required under law and whether the action of the employer in not making him permanent, are questions which have to be resolved by raising a dispute before the appropriate