The central legal point established in the judgment is the requirement for the Labour Court to consider the jurisdictional issue and the requirements for conferring permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.

Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent.

2. This writ petition has been filed challenging the award of the first respondent Labour Court, dated 24. 2002, made in I.D.No.464 of 1997.

.3. It has been stated that the case of the second respondent, before the first respondent Labour Court, is that he was employed as a casual Labour (PREPAC) in the Ambattur Unit of the Tamilnadu Co-operative Milk Producers Federation, Madras. He was employed from the year, 1985, on daily wage basis, till the year, 1996. His last drawn wages is Rs.35/- per day. The second respondent had further stated that he had worked for more than 240 days in a year and therefore, he is a workman under the petitioner Corporation and that his non-employment by the petitioner Corporation is arbitrary and illegal.

4. It was also stated that he was given an identity card by the petitioner Corporation and that he was continuously employed for a period of more than 11 years, from 1985 to 1996. However, he was terminated from service, orally, in the month of November, 1995. Thereafter, based on the failure report submitted by the Conciliation Officer, the second respondent had raised an industrial dispute before the first respondent Labour Court, in I.D.No.464 of 1997.

5. The petitioner, while denying the allegations made by the second respondent before the Labour Court, had submitted that the labourers engaged by the petitioners were working in three shifts, depending upon the requirement and shortage arising due to the regular employees going on leave or absenting themselves from duty. The second respondent was engaged as a casual labourer, on daily wage basis, at the rate of Rs.35/- per day, which was fixed by the District Collector. Since the temporary employees were engaged only in the leave vacancies or in the vacancies caused due to the absence of the regular employees, they do not have any right to the post. The claim of the second respondent that he had worked for more than 240 days in a year and for 480 days in two years and therefore, he should be considered to be a permanent workman under the petitioners, in accordance with the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, is devoid of merits.

.6. It is not for the Labour Court to confer the status of a permanent workman, by invoking the provisions of the said Act. A temporary daily-rated employee cannot be considered to be a permanent workman, as held by the first respondent Labour Court in its award, dated 24. 2002. It is only the competent authority under the said Act, who can confer the permanent status on the workman. The Labour Court had failed to consider the fact that the second respondent had worked only for a period of 726 days during the 11 years, from 1985 to 1996. Further, the second respondent was not in a position to show that he had worked for a period of 480 days in two years, as required under the Act, to be conferred with the status of a permanent workman. In fact, it is for the workman to show that he had worked for more than 480 days in two years, as required under the provisions of the Act, before being conferred with the status of a permanent workman. Therefore, the award of the first respondent Labour Court, dated 24. 2002, made in I.D.No.464 of 1997, is arbitrary, illegal, and void.

7. The petitioners in the present writ petition had submitted before the first respondent Labour Court that whenever there was a need for employment of casual labour, applications had been received, directly, from persons who were residing in and around the work area. The applicants should have completed 18 years of age and should also possess the minimum educational qualifications necessary for such employment. Once such persons are selected they would be issued with photo identity passes.

8. It had been further stated that the labourers were en