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S. M. SUBRAMANIAM, K. RAJASEKAR
Management of Tiruchengode Agricultural, Producers Co-operative Marketing Society Ltd – Appellant
Versus
Inspector of Labour, Office of the Inspector of Labour, Namakkal – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 17.04.2012 made in W.P.No.11189 of 2005.)
1. The present intra-court appeal has been instituted challenging the order dated 17.04.2012 passed in W.P.No.11189 of 2005.
2. The writ petitioner is the appellant before us. The writ petition was instituted challenging the order dated 30.09.2004, passed by the Inspector of Labour, an Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981.
3. The members of the 2nd respondent/Labour Union filed an application under the Permanent Status Act before the Inspector of Labour, who in turn conducted a summary proceedings and issued an order in favour of the Workmen under the Permanent Status Act. Thus, the management preferred a writ appeal to set aside the writ order.
4. The Writ Court considered the documents filed before the Inspector of Labour i.e., Exs.A10 to A12 being the attendance register and salary disbursement registers and formed an opinion that the workmen served in the appellant/society for more than 480 days and consequently, confirmed the order passed by the Ins
The main legal point established in the judgment is that the Permanent Status Act and the Industrial Disputes Act are not applicable to appointments made in an illegal manner, and adherence to cadre ....
Illegal appointments made without following statutory recruitment rules and approved by-laws of co-operative societies cannot be regularised under the Permanent Status Act.
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....
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....
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