JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents in connection with the communication bearing Ref No.431/Mo.Po/ko(&) Nir/Mu.Ni.Ni.Aa/Ni.Pi.3/Ni.Vu.2/Ko.Va.Na.28536/15/2016 dated 09.06.2016 and to quash the same and direct the respondents herein to treat the petitioners as having been made permanent with effect from 01.04.1995 and pay them all the consequent back wages and grant them further promotions reversing their seniority.)

1. Heard the learned counsel for the parties.

2.1. All the petitioners herein, who were earlier engaged on contract basis in North Chennai Thermal Power Station, were conferred with a permanent status by the Deputy Chief Inspector of Factories, through an order dated 16.10.1998 passed in Petition No.2729 of 1998, whereby TANGEDCO was directed to confer permanent status to them with effect from 01.04.1995, on which date they have completed 480 days of continuous service in 24 calendar months.

2.2. While the Management had prepared a list of contract labourers for the benefit of absorption, the names of these petitioners were left out, owing to which they had filed Writ Petition in W.P.No.17941 of 1999 and by an order dated 23.07.2004, the Management was called upon to pass orders in favour of these petitioners, based on the Authority’s Order dated 16.10.1998. The Writ Appeal filed against these orders in W.A.No.275 of 2005, was dismissed on 16.02.2007, through a detailed order. The further appeal filed before the Hon’ble Supreme Court in SLA (Civil) No.14175 - 14176 of 2007, was also dismissed.

2.3. In this background, the Management had issued appointment orders to the petitioners as Helpers with effect from 24.12.2009. Subsequently, when these petitioners had preferred a Writ Petition in W.P.No.28536 of 2015, seeking for regularization from 01.04.1995, in accordance with the order of the Authority dated 16.10.1998, this Court had directed the Management to pass orders on the request of the petitioners, through an order dated 10.09.2015. Based on these directions, the impugned order dated 09.06.2016, came to be passed stating that the petitioners are entitled for absorption only with effect from 24.12.2009 and not from 01.04.1995. Aggrieved against the same, the present Writ Petition has been filed.

3. Mr. V.Prakash, learned Senior counsel for the petitioners submitted that once an order is passed by the Authority under Section 3(1) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 [hereinafter referred to as "Conferment of Permanent Status Act"] and when such an order has become final, the Management is bound to comply with the same and confer permanent status with effect from 01.04.1995, as ordered therein. It is his further contention that the reasons assigned in the impugned order cannot be sustained or canvased before this Court, since all these grounds were already raised and rejected by the High Court, as well as the Hon’ble Supreme Court and therefore hit by the principles of res judicata.

4. Per contra, Mr. Anand Gopalan, learned counsel for the first respondent-Management submitted that all these petitioners were disengaged in the year 1997 itself and therefore no relief can be granted after 1997. It is his submission that the Management had issued (Per) B.P. (FB) No.17 dated 28.04.1999, ordering for absorption of contract labourers in four Thermal Power Stations, including North Chennai Power Station, with effect from 01.05.1999 and therefore the petitioners also can be granted permanency from 01.05.1999, but without back wages.

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

6. Section 3(1) of the Act confers a right to any workman, who is in continuous service for a period of 480 days, within 24 calendar months in an industrial establishment, to claim permanency. The provisio