The settlement entered into by the board with workmen and union is valid and enforceable, subordinated only to the extent that the claims of ITI trained workmen for the post of 'helpers' are not discarded.

K. Kannan, J.

I. Three Categories Requiring Adjudication:

1. This batch of cases are identified as falling within three broad categories:-(i) Writ Petitions challenging the Memorandum of Settlement dated 10.08.2007 between the Tamil Nadu Electricity Board and Trade Unions under Section 18 (1) of the Industrial Dispute Act, on the ground that the settlement is in brazen violation of the decisions of Supreme Court relating to absorption of contract labour in earlier proceedings involving the Tamil Nadu Electricity Board; (ii)Validity of Board proceedings, 36 and 37 of the Administrative Branch dated 210. 2005 prescribing the modes of appointment of mazdoor through their absorption and (iii) Enforcement of orders of Labour Inspectors and the claims of workers, who seek for permanent status and the Tamil Nadu Industrial Establishments (Conferment of Permanent Status) Act, 1981.

.2. The three categories seem to confluence to a single stream to catch our attention to the most vital starting point when the Electricity Board set down qualifications for the posts of "helpers" and other lower categories of employees which came to be challenged by a batch of Writ Petitions before this Court, before ultimately traversing up to the Supreme Court when Mr. Justice Khalid (Retired) was appointed to examine and recommend the criteria to be applied to "helpers" covered by the judgment of this court under appeal to the Supreme Court and to suggest if relaxation of their qualifications of National Trade Certificate (NTC)/National Apprenticesip Certificate (NAC) prescribed by the Board could be made in respect to the said helpers having regard to their experience.

.Ii. Factors Leading To Appointment Of Khalid Commission

3. It is a matter of public knowledge that the Electricity Board is involved in generation and distribution of electricity through hydro electric power, thermal power generation, gas turbines and windmill generation. While electricity board employed labour through sanctioned post for carrying out works directly connected with generation and distribution, it began employing unskilled persons for field work on nominal muster roll. The post of helpers were sanctioned only when they were required to assist the engineers and other staffs in the discharge of technical work.

4. Under the powers conferred under Section 79 (C) and (K) of the Electricity Supply Act, the board framed its own service regulations which came into effect on 10.06.1967. Annexure-I to the Service Regulations enumerated various categories of employees for which posts could be created and appointments made. The regulations also stipulated qualifications required and the method of recruitment to such posts. The posts of Mazdoors which were in existence up to 1974 was abolished and all the jobs like, digging pits, carrying ladders, stringing of conductors, etc were being carried out by ‘helpers’. Initially the qualifications prescribed for the post of helpers was a mere pass in IV Standard with one years practical experience in the type of work concerned. Later, the qualification was enhanced to VIII Standard with a years experience. On 211. 1980, the Government of Tamil Nadu issued G.O.Ms.No.1177 prescribing NTC (National Trade Certificate)/ NAC (National Apprenticeship Certificate) as the qualification for the lowest post. Pursuant to this, the board entered in to a settlement with recognized Unions on 17.05.1984 which spelt out NTC/NAC as the prescribed qualification for the post of helpers. The Board agreed to fill up 7000 post of helpers by direct recruitment from amongst candidates possessing the qualifications as aforesaid. The service regulations were consequently amended by BP (FB) 38 dated 23.05.1986.

5. In the year 1988, there was a spate of writ petitions challenging the qualifications prescribed for the post of helpers and seeking for regularisation of the services of persons who had been working as helpers. The writ petitions upheld the bo