JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Government of Tamil Nadu, the third respondent herein to consider and pass orders by accepting the proposal of the respondent Corporation to absorb us as permanent Sweeper and Scavenger within such time as stipulated by this Court and further direct the respondent Corporation not to deny work and wages to us in the manner done.)

1. The relief sought for in the present writ petition is to direct the Tamil Nadu Civil Supplies Corporation / 3rd respondent to consider and pass orders by accepting the proposal of the respondent Corporation to absorb as permanent Sweeper and Scavenger within such time as stipulated by this Court and further, direct the respondent Corporation not to deny work and wages to the writ petitioners.

2. The writ petitioners were recruited as Sweeper and Scavenger in respondent Corporation on 01.01.2008. The petitioners are continuing in service and the nature of the work is full time.

3. The learned Senior Counsel appearing on behalf of the writ petitioners mainly contended that the petitioners are working without any break in service and the respondent Corporation is not issuing any wage slips and they are maintaining the writ petitioners as employees of the private contractors. The petitioners are kept as temporary employees all along and they are receiving a meagre salary. It is contended that the petitioners are continuously working and the posts are also available in the respondent Civil Supplies Corporation and in spite of these facts, the services of the writ petitioners are not regularised in the sanctioned post in time scale of pay.

4. The respondent Civil Supplies Corporation considered the nature of job performed by the petitioners and considering necessity for permanent employment in the establishment, submitted proposals to the Government on 12.01.2007, seeking regularisation of casual labourers, who have rendered 10 years of service as on 01.01.2006. The said proposals are kept pending without any progress. While so, suddenly on 28.02.2014, the petitioners were informed from henceforth the petitioners will be paid through a contractor and they will be required to work only under the Contractor by name Mr. T.V. Vijaya Kumar.

5. The learned Senior Counsel appearing on behalf of the petitioners made a submission that such an arrangement is in violation of the provisions of the Industries Dispute Act. Suddenly, on 17th March 2014 onwards, the petitioners were denied work and no prior notice was issued for such denial of work. No termination orders were served to the writ petitioners and therefore, denial of work without any order of termination is illegal and arbitrary and under those circumstances, the petitioners are constrained to move the present writ petition.

6. The learned Senior Counsel appearing on behalf of the petitioners mainly contended that the petitioners are working under Class-IV employees and they are continuously engaged by the respondent Corporation on temporary basis and a proposal was also submitted to the Government for want of regularisation. Under these circumstances, the case of the writ petitioners are to be considered for grant of regularisation and permanent absorption.

7. The learned counsel for the respondent objected the said contentions by stating that the petitioners were not recruited by the Corporation into the Corporation service as per recruitment rules and regulations. The petitioners, at no point of time, has been directly recruited by the respondent/Corporation. But they were working under the various registered Contractors for a limited period and on certain terms and conditions. The petitioners had not been paid any wages directly by the respondent Corporation and their contention that they worked continuously also incorrect. The nature of job carried out by the writ petitioners were purely temporary and they were engaged tempor