The main legal point established is that the orders of the Inspector of Labour under the Tamil Nadu Establishments Act must be followed by the Respondents, and failure to do so can lead to interference by the Court.

1. The Petitioners have preferred the instant Writ of Certiorarified Mandamus praying for an issuance of an order by this Court, in calling for the records relating to the proceedings of the Respondents passed in Letter No.064770/361/G.65/G.651/2012-3 dated 25.06.2012 on the file of the Second Respondent/Chief Engineer (Personnel), Tamil Nadu Electricity Board, Chennai and to quash the same. Further, the Petitioners have sought for passing of an order by this Court in directing the Respondents to implement the orders of the Inspector of Labour, Salem dated 22.10.2010 in Na.Ka.Aa.3665/2008 by confirming them as regular employees of the Respondents.

2. The Writ Petition Facts:-

According to the Petitioners, they are working as Field Helpers in the Respondent/Board. They are engaged by the First Respondent/ Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, Udayapatti, Salem-16 for executing cable laying, concrete laying, digging and erection of polls and allied works. The First Respondent is an Industrial Establishment as defined by the Tamil Nadu Establishments (Conferment of Permanent Status to Workmen) Act (46 of 1981) which is applicable to the First Respondent.

3. The Petitioners have not been made permanent and since they have been working for more than 480 days in a period of 24 calendar months they are entitled to be made permanent. By applying Section 3 of the Tamil Nadu Establishments (Conferment of Permanent Status to Workmen) Act (46 of 1981), they preferred an application to the Inspector of Labour, Salem praying for passing of an order in directing the First Respondent to absorb them as regular employees of the Respondent/Electricity Board. After contest, the Inspector of Labour, Salem by means of an order dated 22.10.2010 in Na.Ka.Aa.3665/2008 directed the First Respondent to confer the permanent status to the Petitioners, inasmuch as they have been working for more than 480 days in a period of two years.

4. It is the stand of the Petitioners that the order of the Inspector of Labour, Salem dated 22.10.2010 was communicated to the First Respondent. However, no orders were passed and the Petitioners made a request to the Second Respondent on 15.11.2010 praying for issuance of direction to the First Respondent to absorb them as regular employees on the basis of the order of the Inspector of Labour, Salem dated 22.10.2010. However, no steps were taken by the Second Respondent.

5. Consequently, the Petitioners were perforced to project the Writ Petition in W.P.No.25290 of 2011 praying for passing of an order by this Court in directing the First Respondent to implement the order of the Inspector of Labour, Salem dated 22.10.2010 in Na.Ka.Aa.3665/2008 based on their Representations dated 15.11.2010 by confirming them as regular employees of the Board. This Court passed an order on 01.11.2011 directing the Second Respondent/Chief Engineer (Personnel), Tamil Nadu Electricity Board, Chennai to consider and pass orders on their Representation dated 15.11.2010 within a period of eight weeks.

6. Meanwhile, the First Respondent/ Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Board, Udayapatti, Salem-16 challenged the order of Inspector of Labour, Salem dated 22.10.2010 in W.P.No.27785 of 2010 and this Court on 31.03.2011 dismissed the said Writ Petition.

7. The Petitioners' contentions:-

The Learned counsel for the Petitioners urges before this Court that the impugned order dated 25.06.2012 (signed on 26.06.2012) passed by the Second Respondent is illegal and arbitrary one. Moreover, it is against the spirit of the order passed by this Court in the decision reported in 2009 (4) MLJ 472 [The Superintending Engineer, Nagapattinam & Others Vs. The Inspector of Labour & Others].

8. The forceful argument of the Petitioners is that they are seeking regularisation only on the basis that they are continuously working in the Respondent/Electricity Board for more than 480 day