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2021 Supreme(Mad) 1620

S.VAIDYANATHAN
General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Thiruvannamalai – Appellant
Versus
Inspector of Labour, Authority under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (Tamil Nadu Act 46 of 1981), Thiruvannamalai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:C.S.K. Sathish, Advocate
For the Respondent:S.N. Ravichandran, Advocate

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to call for the records of the order passed by the 1st Respondent in Na.Ka.No.E/1617/2015, dated 04.01.2016 and to quash the same as illegal.)

1. Challenging the order dated 04.01.2016 passed by the 1st Respondent vide Na.Ka.No.E/1617/2015, in confirming permanent status to the workman on completion of 480 days in a period of 16 calender months, the Transport Corporation has come up with this Writ Petition.

2. Heard the learned counsel on either side and perused the material documents available on record.

3. In the case on hand, though, it has been stated that, the 2nd Respondent/employee was on Leave on Loss of Pay, a perusal of the records shows that, the employee had worked for 25 days in a particular month and that, he is entitled to a weekly off with pay. Merely because Leave on Loss of Pay is mentioned, it does not mean that, the employee is not entitled to a day’s off after working continuously for six days.

4. Various Labour Enactments clearly stipulate that, an employee cannot be asked to work continuously for ten days and that, there shall be a weekly

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