JUDGMENT :

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the order dated 06.12.2018 passed by the second respondent in Na.Ka.No.A/2160/2012 and to quash the same.

1. In all these Writ Petitions, the Management has challenged the order of the Authority dated 06.12.2018 & 04.12.2019 respectively passed under Section 3(1) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 [hereinafter referred to as “Act”], whereby the Management was directed to confer permanent status to the respective workmen, (first respondent in each of their respective Writ Petitions), from the date of completion of 480 days of their continuous service in 24 calender months.

2. Heard the learned counsel for the parties.

3. The learned counsel for the petitioner-Corporation contended that the workmen were appointed as reserved drivers/ conductors on temporary basis and only for the vacancies that may arise in future. As per the conditions in their appointment orders, they were informed that they would be made permanent based on their seniority and performance, as and when vacancies arise. These conditions were in compliance with the Government Order in G.O.(D) No.41, Transport (C1) Department, dated 16.03.2007 and since the workmen have accepted the terms and conditions of the appointment order, which is in accordance with the Government Order, they cannot seek permanency under Section 3(1) of the Act.

4. Per contra, the learned counsel for the workmen submitted that the appointment order, being in the form of a contract, cannot prevail or override Section 3(1) of the Act. It is also his submission that the very same plea and contentions were considered by this Court in the case of The Management, Metropolitan Transport Corporation (Chennai) Ltd. [MTC], Chennai V. The Inspector of Labour, Kancheepuram and 2 Others passed in W.P.29149 & 29150 of 2017, dated 27.01.2020, which were rejected and the order of the Authority, granting permanent status to the workmen on completion of 480 days of continuous service in 24 calendar months, in which decision, the learned Single Judge had placed reliance on the judgment of the Hon’ble Division Bench in the case of Management, Tamil Nadu State Transport Corporation (Madurai) Ltd., V. Labour Inspector, Virudhunagar and another reported in 2019 (4) LLN 790 (DB) (Mad.).

5. I have given careful consideration to the submissions made by the learned counsels.

6. For the sake of convenience, Section 3 of the Act is extracted:- “3. Conferment of permanent status to workmen.-(1) Notwithstanding anything contained in any law for the time being in force every workman who is in continuous service for a period of four hundred and eighty days in a period of twenty four calendar months in an industrial establishment shall be made permanent.

(2) A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorized leave or an accident or a strike, which is not illegal, or a lock-out 1 [***] or a cessation of work which is not due to any fault on the part of the workman.

Explanation I.-- [For the purposes of computing the continuous service referred to in sub-sections (1) and (2), a workman shall be deemed to be continuous service during the days on which ---] ;

(i) he has been laid off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946) or under any other law applicable to the industrial establishment ;

(ii) he has been on leave with full wages, earned in the previous years;

(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment ; and

(iv) in the case of a female, she has been on maternity leave ; so, however, that t