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S. VAIDYANATHAN, J. SATHYA NARAYANA PRASAD
Management/the Managing Director, Tamil Nadu Civil Supplies Corporation – Appellant
Versus
P. S. Thangamani – Respondent
JUDGMENT :
S.Vaidyanathan, J.
The present Writ Appeal has been filed challenging the order dated 02.11.2021 passed by the learned Single Judge, in W.P.No.33787 of 2012.
2. For the sake of brevity, the parties herein are referred to as "Management" (appellants herein) and "workmen" (represented by Union).
3. The workmen have been engaged by the Management and that they have rendered more than 480 days of continuous service in a period of 24 calendar months and that they have been deemed to have attained permanent status. They have approached the Authority seeking permanent status.
4. The Management took a stand that the workmen have been paid by the Maistry, and that there is no direct privity of contract between the Contractor and the workmen in terms of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970. The Management pleaded before the Authority concerned that they had not maintained any record and that these employees are only casual and temporary employees.
5. Though it has been contended by the Management that these workmen have not been recruited i
The central legal point established in the judgment is the duty of the Management to submit the particulars of the workmen to the Authority concerned and the distinction between 'contract of service'....
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 court established the employer's engagement in unfair labour practice and the statutory powers of the court to grant permanency to workers under the Maharashtra Recognition of Trade Unions & Prev....
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 judgment emphasizes the statutory rights of industrial workers and the prohibition of unfair labour practices under the MRTU & PULP Act, 1971.
The court confirmed that permanent employment requires formal appointment procedures, and mere long service does not grant entitlement to regularisation without mandated legal protocols.
Employees who have accepted regularisation through a valid settlement and served for a significant period are estopped from subsequently claiming retrospective permanent status after an inordinate de....
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