The court upheld the petitioner's entitlement to permanent status under the 'Tamil Nadu Industrial Establishment Conferment of Permanent Status to the Workman's Act 1981' and issued a mandamus to enforce the second respondent's order.

ORDER :

Prayer sought for herein is for a writ of Mandamus directing the first respondent to enforce/implement the order of the second respondent passed in CPS.No.10 of 2018, dated 18.09.2019.

2. By consent of both sides, this Writ petition is taken up for final disposal at the stage of admission itself.

3. The short facts, which are to be noted for disposal of this writ petition, are that the petitioner was initially appointed as Clerk at the first respondent society on temporary basis and has been continuously working there, from 2007 onwards. From 2007-2009, within 24 calendar months, the petitioner claimed to have continuously worked for more than 480 days. Therefore, in order to get conferment status on the basis of the provisions of the 'Tamil Nadu Industrial Establishment Conferment of Permanent Status to the Workman's Act 1981' (for brevity 'said Act'), she filed CPS.No.10 of 2018 before the second respondent i.e., Assistant Commissioner of Labour (Enforcement), Madurai. The said authority having heard both the petitioners as well as the first respondent passed the order/award by his proceedings dated 18.09.2019, wherein, at penultimate para, the following order has been passed.

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4.Despite the said order having been passed by the second respondent directing the first respondent to confer the permanent status to the petitioner under the provisions of the said Act, since she has completed 480 days in 24 calendar months between 2007-2009 continuously, the said order has not so far been enforced or implemented. Therefore, the petitioner has approached this Court with the aforesaid prayer.

5. Heard the learned Government Advocate appearing for the first respondent, who would submit that, apart from this development, the petitioner has already approached this Court seeking direction for a compassionate appointment at the first respondent office and the same is still pending. In view of such pendency, the order of the second respondent, dated 18.09.2019, has not so far been implemented.

6. The said reason cited by the learned Government Advocate for the first respondent cannot be countenanced as regards the petitioner is not under any mercy with the first respondent to seek conferment status as under the provisions of the said Act, she has been declared so to be entitled to have such permanent status by order passed by the second respondent, dated 18.09.2019, referred to above. When that being the position, the mere request of the petitioner to give a compassionate appointment also may not stand in the way and in this regard, if any writ petition is filed by the petitioner, the learned counsel for the petitioner submitted that writ petition would be withdrawn by the petitioner provided if the order passed by the second respondent is implemented within a time frame to be stipulated by this Court.

7. The said submissions made by the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the first respondent is taken note of and having perused the materials placed before this Court, this Writ Petition is disposed of with the following order :

(i) That the first respondent is hereby directed to implement and execute the order of the second respondent, dated 18.09.2019 made in CPS.No.10 of 2018 in letter and spirit and accordingly, confer the permanent status on the petitioner as Clerk in the first respondent society/organization and such needful shall be undertaken by the first respondent, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

(ii) It is open to the petitioner to withdraw the other writ petition claimed to have been filed by her seeking compassionate appointment from the first respondent in the meanwhile.

No costs. Consequently, connected Miscellaneous Petition is closed.