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2008 Supreme(Mad) 3865

K.KANNAN, P.K.MISRA
Superintending Engineer, Nagapattinam Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagapattinam – Appellant
Versus
Inspector of Labour, Pedari Koil Street, Thiruvarur – Respondent


Advocates appeared:
P.S.Raman, Additional Advocate General for M. Vaidyanathan, R. Muthukumarasamy and R. Krishnamurthy, Sr. Counsel S. Elamurugan, D. Hariparanthaman, K.Thiruvalluvan, A. Abdul Hameed, S.N. Ravichandran, Ms. Hema Sampath, K.S., Elangovan for Achari & Antoni Association, Ravi, for Appellants
Balan Haridoss, for Impleading Parties
Ms. R. Meenal, Sr. Counsel for GK. Candrasekaran for Row & Reddy, R. Sunil Kumar, S. Vaidynathan, S.N. Ravichandran, for Respondents

JUDGMENT

K. KANNAN, J.

I. Three Categories Requiring Adjudication:

This batch of cases are identified as falling within three broad categories: (i) Writ petitions challenging the Memorandum of Settlement dated 10.8.2007 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 29.10.2005 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































































































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