Regularisation of contract labourers is not a matter of right, except for employees in service for 10 years or more on the date of judgment, as per the Umadevi case.

1. In these batch of writ petitions, which have been disposed of by a common order, the facts are similar.

2. Among the nine writ petitioners, five writ petitioners have joined as Hospital worker, in the Institute of Road Transport Middle College & Hospital, Erode District, between 1997 and 2004. It is the contention that they have been working for more than 10 years with the second respondent, as Contract Labourer, on shift basis, but, they are not being regularised. Petitioners state that their salary is being deducted towards Employees Provident Fund Scheme, 1952. Petitioner states that work of a Hospital Worker is perennial in nature. In any event, the petitioners are entitled to Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act (Tamil Nadu Act No.XLVI of 1981. Petitioner would also state that second respondent had promised that they will regularise all the workers in the regular scale of pay and further assured that they would pay all monetary benefits. But the second respondent adopted the method of pick and choose and regularised only few workers.

3. Petitioners would further state that they are very much similar to those persons, who are regularised. Petitioner, relying on G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28/2/2006, state that the said G.O., has been relaxed and many persons who had not completed ten years of service, as on 1/1/2006, were also extended the benefit of G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department, dated 28/2/2006.

4. Petitioners would also state that their case is completely covered by a Division Bench of this Court, in W.A.(MD) No.743 of 2015, dated 22/4/2016 {Government of Tamil Nadu and Ors Vs. M. Vincent & Ors}. In the said judgment, the Hon'ble Division Bench of this Court has extended the benefit of G.O.Ms.No.22, to persons who had not completed, ten years of service, as on 1/1/2006. In cases where the work is of a perennial in nature and the Department continued to engage people, on contract labourer rather than going for appointment, under the Recruitment Rules.

5. Petitioner also submit that in G.O.Ms.No.325, Health and Family Welfare (C1) Department, dated 11/9/2017, 28 persons were regularised, who were working in various posts, like Lab Technician Grade – I, Storekeeper, Steno Typist, Record Clerk, Lab Assistant, Sweeper, Junior Assistant, Assistant be filled up on contract basis, on consolidated pay. Petitioner states that in compliance with an order of Madurai Bench of Madras High Court, in W.A.(MD) Nos.339 and 340 of 2008, the services of the petitioner in the case were also regularised after 10 years of service like the one it has been done in the case of others.

6. Respondents have vehemently opposed the writ petitions. Respondents submit that all the petitioners are Contract Labour. They have filed a detailed counter.

7. In the counter affidavit, the respondents have averred that the respondent College is running out of the interest accrued from the funds collected from the employees of the State Transport Undertakings. It is stated in the counter affidavits that many of the unskilled workers are outsourced and contractors were engaged initially on monthly basis and then on annual basis through Open Tender System.

8. According to the respondents, petitioners are only Contract Workers and employers contribution is being paid by the Contractor and not by the second respondent. Payment is made to the Contractor and not to the petitioners/workers. It is therefore, stated in the counter affidavit that wages are not paid directly to the respondents. Respondents also state that petitioners are not working continuously for 240 days in a year and 480 days in two years.

9. Respondent Management in this Court has stated that it recruits permanent staff through Employment Office, on the basis of education qualification, communal rotation, age, seniority and interview. Such recruited persons are issued with