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S. M. SUBRAMANIAM
A. Thirumurugan – Appellant
Versus
Executive Engineer, Tamil Nadu Water Supply & Drainage Board, Maintenance Division, Nagapattinam – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to implement the order passed by the Inspector of Labour, Thiruvarur in Pro.No.7167/2011 dated 11.02.2014.)
The lis on hand is filed to direct the first respondent to implement the award passed by the Inspector of Labour, Thiruvarur in Na.Ka.No.7167/2011 dated 11.02.2014 thereby conferring permanent status to the petitioners.
2. All the writ petitioners are working in the operation and maintenance of Combined Water Supply Schemes to Kollidam and other habitations under the Control of the Tamil Nadu Water Supply and Drainage Board (hereinafter referred to as 'TWAD' Board) as Electricians and Maintenance Assistant, ranging from 2006 to 2009.
3. The writ petitioners state that they have completed 480 days of continuous service in a period of 24 calendar months, and therefore, they are entitled to get permanent status, as per Section 3(1) of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981. The writ petitioners had approached the competent authorities to regularize their services
The Conferment of Permanent Status Act did not apply to the employees of the Board, and the Labour Court erred in granting retrospective regularisation without adjudication of disputed issues.
Workmen completing 480 days of service are entitled to permanent status under the Tamil Nadu Industrial Establishments Act, regardless of subsequent classification as contract labourers.
The court established that regularization of temporary employees must comply with constitutional mandates, ensuring equal opportunity and adherence to service rules.
The court ruled that mere continuous service as contract labour does not establish an employer-employee relationship necessary for conferment of permanent status under the Tamil Nadu Act.
The main legal point established in the judgment is that workmen must possess the necessary qualification and there must be sanctioned posts available for regularization. The court emphasized that th....
Inspector of Labour holds summary jurisdiction under Permanent Status Act to grant permanency to contract workers proving 480 days continuous employment; public employers must ensure fair practices a....
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