The central legal point established in the judgment is the obligation of the respondents to implement the orders of the competent authority and the Division Bench in letter and spirit, and the entitlement of the petitioners to permanent status, back wages, and continuity of service under the Tamil Nadu Industrial Establishments (Conferment Status to Workmen) Act 1981.

The second round of litigation was forced against the poor writ petitioners, by the respondents, for filing these 4 writ petitions individually, by B.Sekar, M.Murugan, P.Bernardshaw and P.Rajakumar, seeking to challenge the impugned order passed by the 4th respondent, the Superintending Engineer, Purchase and Administration, Tamil Nadu Generation and Corporation Limited, Tuticorin Thermal Power Station, Tuticorin in Memo No. 2442/41/ADM-II/A1/2010 dated 24.02.2010 in so far as the order deems the petitioners as fresh appointment against the order of the competent authority under the Tamil Nadu Industrial Establishments (Conferment Status to Workmen) Act 1981 dated 02.01.2001 and the consequential order of the 4th respondent in proceedings No. Ku.No.1193/53/ Ne.Pe.3/U4/Ko. dated 26.03.2011, to quash the same as illegal and arbitrary and consequentially directing the 1st respondent, the Chief Engineer (Personnel), Tamil Nadu Generation and Corporation Limited to confer permanent status to the petitioners from the date of their joining in the service of the 4th respondent, entitling the service benefits of promotion, back wages, continuity of service, family pension benefits and all other concomitant service benefits eligible to the petitioners.

2. Learned counsel appearing for the petitioners submitted that all the four petitioners were employed as contract labourers in the service of the 4th respondent, during the year 1997-1998 and have rendered valid services for more than 480 days in two consecutive years, to be regularised permanently and for absorbing in the 4th respondent services. But, the respondents had failed to regularise the services of the petitioners, which compelled them to approach the competent authority under the Tamil Nadu Industrial Establishments (Conferment Status to Workmen) Act 1981, by an application dated 29.08.2000. The competent authority under the Act, after considering the merits of the case of all the four petitioners and the objections raised by the respondents, passed a detailed order on 02.01.2001, giving the benefit of Section 3 of the Act on the petitioners and holding that they are deemed to be in continuous service. Aggrieved by the order dated 02.01.2001, passed by the competent authority under the Act, the respondents filed W.P. No. 9729 of 2002 before this Court, under Article 226 of the Constitution of India. But, this Court agreeing with the reasons given by the competent authority granting permanent status to all the petitioners, dismissed the Writ Petition on 20.08.2003. Again aggrieved by the same, the respondents filed W.A. No. 311 of 2004 unsuccessfully and this Court once again by giving sound and detailed reasons, dismissed the Writ Appeal No.311 of 2004 on 17.11.2008, directing the Tamil Nadu Electricity Board to implement the order passed by the Inspector of Factories, by absorbing each of the contract labourers in question, in letter and spirit of the order, within a period of two months from the date of receipt of a copy of that order.

3. But, the grievance of the petitioners, as explained by the learned counsel shows that, even after the order passed by the competent authority under the Act, that was repeatedly questioned and a finality has been reached in the Writ Appeal No.311 of 2004 on 17.11.2008, still, the respondents have not come forward to comply with the order, though there is a specific order by the Hon'ble Division Bench in W. A. No.311/2004 to the Tamil Nadu Electricity Board, to implement the order dated 02.01.2001, in letter and spirit, within two months from the date of receipt of a copy of this order. Now, adding fuel to fire, finally the impugned order has been passed, by issuing fresh appointment only from 24.02.2010, completely over riding the order passed by the Hon'ble Division Bench on 17.11.2008. Adding further, learned counsel submitted that, when the order passed by the Deputy Chief Inspector of Factories, Tirunelveli dated 02.01.2001 wa