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S. SRIMATHY
Chief Engineer, Tuticorin Thermal Power Station, Tuticorin – Appellant
Versus
Joint Director, Industrial Safety and Health, Tuticorin – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the 1st respondent in proceedings No.E/568/2013 and to quash its order, dated 05.03.2014.)
1. This writ petition is filed for issuance of a writ of Certiorari, to quash the impugned Proceedings No. E/568/2013 dated 05.03.2014 of the 1st respondent.
2. The brief facts as stated in the affidavit is that the Tuticorin Thermal Power Station of the Tamil Nadu Electricity Board was set up in the year 1957. The Board had also set up Thermal Stations in Ennore, North Madras and Mettur. By the proceedings of the Electricity Board, dated 23.05.1986, certain qualifications were prescribed for appointment in the category of Helpers and the same was challenged in Madras High Court and then in Honourable Supreme Court. The Supreme Court appointed Commission headed by Hon’ble Justice Khalid and the commission submitted a report. The implementation of the recommendation of the Khalid Commission had taken considerable amount of time. In the meanwhile,
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....
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....
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 is that the burden of proof lies on the party claiming an employer-employee relationship, and regularisation and permanent absorption can only be granted in accordanc....
The main legal point established in the judgment is the requirement of 'actual proof' of continuous service for 480 days within 24 calendar months under the Permanency Act, the burden of proof on the....
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 main legal point established in the judgment is the limitation of the Labour Inspector's powers to conduct summary enquiry and issue orders based on a clear finding of each workman's continuous s....
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 central legal point established in the judgment is the requirement for contract labourers to comply with the terms and conditions stipulated for regularisation and permanent absorption, including....
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