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V. LAKSHMINARAYANAN
Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd. , Tiruvannamalai – Appellant
Versus
C. Chandrasekaran – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorari calling for the records relating to the order made in “LANGUAGE”2390/2012 dated 05.02.2014 on the file of the 2nd respondent/Inspector of Labour, Tiruvannamalai, and to quash the same.)
1. The Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Vengikal, Tiruvannamalai, has filed this writ petition challenging the order of the Inspector of Labour, Tiruvannamalai, dated 05.02.2014.
2. The Inspector of Labour, Tiruvannamalai, by impugned order has granted the status of permanency to the 1st respondent invoking the power vested in him under the provisions of The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.
3. The petitioner was appointed as a Cylinder Delivery Boy on the rolls of the writ petitioner. The test under Section 3(1) of the said Act is that a person should have worked continuously for 480 days in a period of twenty-four calendar months in an industrial establishment. The Inspector of Labour has come to a conclusion that from 30.06.1997 till 30.06.1999, the 1st respondent had continuously worked for a p
The central legal point established in the judgment is that under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, a person who has worked continuously ....
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....
The absence of an employer-employee relationship at the time of application under the Tamil Nadu Shops and Establishments Act renders the claim for permanent status unsustainable.
Employees who have accepted regularization through a 12(3) settlement under the Industrial Disputes Act, 1947, are precluded from subsequently raising belated claims for retrospective permanent statu....
Employees regularized under an Industrial Disputes Act 12(3) settlement cannot seek retrospective permanent status after an inordinate and unexplained delay, as such claims are considered stale and i....
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