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2010 Supreme(Mad) 2515

N.PAUL VASANTHAKUMAR, VASANTHAKUMAR
The Divisional Manager Ryan Tea Division The Tamil Nadu Tea Plantation Corporation Limited Valparai – Appellant
Versus
The Inspector of Plantations Valparai & Another – Respondent


Advocates appeared:
For the Petitioner:John for M/s. T.S. Gopalan & Co., Advocate.
For the Respondents:R1, R. Murali, Govt. Advocate & R2, J. Saravanavel, Advocate.

Judgment

1. The management of Ryan Tea Division, Tamil Nadu Tea Plantation Corporation Limited, Valaparai has challenged the order passed by the first respondent, giving conferment of permanent status to the second respondent from 1. 1999, by order dated 3. 2005.

2. The case of the petitioner-management is that the second respondent was working as a casual worker in the Tea Estate, Valparai. He preferred a claim of permanent status in Case No.284/2001 before the first respondent contending that he worked for more than 480 days during the period from 1. 1997 to 312. 1998 and therefore, he is entitled to get permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. The said claim petition was opposed by the petitioner-management contending that the workman worked less than 480 days during the said two years and therefore, he is not entitled to get permanent status. The first respondent considered materials and including the employment of the second respondent for 70 days under a Contractor named Senthilkumar, ordered to give permanent status to the second respondent with effect from 1. 1999. The said order is challenged o


























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