Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, G. ARUL MURUGAN
T.Sivaraman – Appellant
Versus
Chairman, Tamil Nadu Generation and Distribution Corporation Ltd. – Respondent
JUDGMENT :
[Judgment of the Court was made by G.ARUL MURUGAN, J.]
This Writ Appeal is preferred as against the order dated 19.09.2022 made in W.P.No.25469 of 2016, wherein the claim of the petitioner/ appellant to absorb him on par with one C.Thomas w.e.f. 29.04.1992 and also to count half of his service rendered from 1983 to 28.04.1992 came to be rejected.
2. The appellant claims to have been engaged as contract labourer from the year 1983 in the office of the Assistant Engineer (Construction) at Koteripattu Division of the Tamil Nadu Electricity Board. Pursuant to the Justice Khalid Committee Report, the Board initiated proceedings for absorption of the contract labourers in the sanctioned posts, bringing them under the time scale of pay.
3. It is the further claim of the appellant that the contract labourers including the appellant were called for an interview in the year 1991 and in the said call letter, he was placed at Serial No.8 and one C.Thomas was placed at Serial No.20 and therefore, he is senior to him. Even though C.Thomas was absorbed in the year 1992, however, citing some verification of details about the date of birth, the regularisation and absorption process of the ap
Absorption of contract labourers must follow established seniority based on service duration, and discrepancies in records can justify delays in absorption; insufficient qualifying service precludes ....
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.
Disputed facts cannot be adjudicated under Section 33-C (2) of the Industrial Disputes Act, and the regularisation of service should commence from the date of appointment.
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.
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....
Past service counts towards pension eligibility for full-time employees despite previous contractual status, aligning with government policy.
The court confirms that eligibility for absorption of contract workers must be evaluated against their documented employment in abolished categories under the Industrial Disputes Act and associated g....
The main legal point established in the judgment is the strict interpretation of the statutory provision under sub-rule (6) of Rule 18 of the OCS (Pension) Rules, 1992, and the court's direction for ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
