JUDGMENT

(Prayer: Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 14.10.2019 in W.P.No.11684 of 2009 and consequently direct the first Respondent to regularize the services of the Appellant from the year 2005 onwards and pay arrears of wages and other benefits.)

Senthilkumar Ramamoorthy, J.

1. This intra court appeal is filed by a person who worked as a plumber on contract basis with the first Respondent. The Appellant was not a party to the writ petition. Therefore, C.M.P. No.25383 of 2019 is filed for leave to file the appeal against the order dated 14.10.2019 in W.P. No.11684 of 2019 and leave is granted for reasons set out in this judgment. The said writ petition was filed by the first Respondent herein to quash the Award dated 10.07.2008 in I.D. No.121 of 2005 whereby the services of the Appellant herein were directed to be regularized from the date of the Award. By the impugned order, the learned single Judge allowed the writ petition and, consequently, quashed the Award dated 10.07.2008 in I.D. No.121 of 2005. The aggrieved worker has presented this appeal along with the petition to grant leave to file the appeal.

2. We heard Mr.Balan Haridas, the learned counsel for the Appellant and Mr.K.Srinivasamurthy, the learned counsel for the first Respondent. By consent, the main appeal is taken up for disposal at the SR stage.

3. The learned counsel for the Appellant submitted that the Appellant worked as a plumber for the first Respondent from March 1989 onwards. His services were availed of through different contractors. He was the only plumber in the first Respondent and worked on a general shift from 9.00 a.m. to 7.00 p.m. The work was assigned by the first Respondent and supervision was also carried out by the first Respondent. In spite of working for many years, his services were not regularised. In these circumstances, he raised a dispute through the Chennai Airport Contract Workers Union, of which he is a member. Therefore, conciliation proceedings were initiated by the conciliation officer but such conciliation ended in failure. Consequently, the Government of India referred the dispute for adjudication. This resulted in I.D.No.121 of 2005. Accordingly, the Chennai Airport Workers Union, the third Respondent herein, filed a claim statement before the Industrial Tribunal at Chennai, wherein it was prayed that an Award should be granted holding that the Appellant is entitled to be regularised by the first Respondent with effect from the date of completion of 480 days of continuous services in 24 calendar months, i.e. with effect from the year 1987.

4. In order to establish the entitlement for regularisation, the Appellant was examined as W.W.1. He filed a proof affidavit dated 09.09.2006 and five documents were exhibited through him as Exhibits W1 to W5. These documents included the photo pass for the period 1985 to 1991, which was marked as Ex.W1; the application for issuance of photo pass from 2004 to 2006, which was marked as Ex.W2; the entry permit from 2003 and 2004, which was marked as Ex.W3; and the wage register for the months of August and September 2005, which were marked as Ex.W4 and Ex.W5 respectively. The first Respondent herein cross examined W.W.1. The first Respondent adduced evidence through Mrs.Revathi Gopalan, Assistant Manager-HRD, who was examined as M.W.1. During the examination-in-chief of M.W.1, 22 documents were exhibited as Exs.M1 to M22. These documents included the registration of the first Respondent under the Contract Labour (Regulation and Abolition) Act,1970, as the principal employer (Ex.M1); the contract issued to M/s. Blessing Constructions, which was marked as Ex.M2; the Bill issued by the contractor for payment of work(Ex.M4); the proof of receipt of payment by the contractor (Ex.M5); the ESI remittance (Ex.M6); the contract awarded to M/s.Blessing Constructions for the period from 01.10.2005 to 30.09.2006(Ex.M14); the Bill dated 05.12.2005(Ex.M15); the