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S. M. SUBRAMANIAM
K. Chandran – Appellant
Versus
Chief Engineer / Personnel, Tamil Nadu Electricity Board, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in his proceedings Letter No.073980/473/G.58/G.581/ 2015-2 dated 26.11.2015 and quash the same and direct the respondents to absorb the petitioner permanently in the Post of Helper w.e.f. 29.01.2001.)
1. The order of rejection, rejecting the claim of the writ petitioner for retrospective permanent absorption from 29.01.2001 in respondent / Board's Services is under challenge in the present writ petition.
2. The petitioner states that he was working as Contract Labourer at Kundah Hydro Generation Circle of Tamil Nadu Electricity Board as Helper during the period from 04.11.1996 to 05.08.2005 in the office of the Superintending Engineer, Kundah. The respondent in Board proceedings in B.P.(FB) No.22 dated 14.05.1999, decided for permanent absorption of contract labourers by creating a regular post of Helper. Accordingly, the contract labourers, who all are qualified as per the Board proceedings, are considered for inclusion of their names in the list for permanent absorption. The contract labourer
Permanent absorption of contract labourers is a concession and cannot be claimed as a matter of right. The eligibility for permanent absorption is determined based on specific criteria outlined in th....
The period of services as a contract labourer cannot be counted for calculating qualifying services for grant of pension.
Appointment on the basis of absorption is impermissible and acquittal in a criminal case does not confer the right to claim absorption with retrospective effect.
Engagement by a private contractor cannot be a source for permanent absorption in a Government sector, as it would violate the Constitutional scheme of recruitments and the principles of equal opport....
The court clarified the validity of BP-17, the jurisdiction of the Labour Officer, and the entitlement to permanency under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to W....
Absorption of contract labour on an 'as-is-where-is' basis excludes claims for prior service benefits; delay and laches bar belated attempts to assert such claims.
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