JUDGMENT :

Mohammed Shaffiq, J.

The short question that arises for consideration in these writ appeals is as to whether the workmen on completion of 480 days of service as Plantation Worker and thus being entitled to permanency in terms of Section 3 of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (hereinafter referred to as “the Permanent Status Act”), can be regularized as Forest Watcher which is a sanctioned post and placed on time scale of pay.

2. Brief facts:

(i) The appellant, which was originally called as Government Rubber Plantations, became Arasu Rubber Corporation Limited (in short “Corporation”), a company fully owned by the Government of Tamil Nadu with effect from 01.10.1984.

(ii) The 1st respondent(s)/writ petitioner(s) (hereinafter referred to as “the workmen”) in these writ appeals viz., S.Sundar, P.Denson and B.Vikraman, joined the services of the Tamil Nadu Forest Department on 18.11.1972, 15.07.1977 and 01.08.1976 respectively.

(iii) The workmen were engaged on daily wages with the Corporation which functioned under the control of Tamil Nadu Forest Department. The workmen worked with the appellant Corporation without interruption.

(iv) While so, seeking a direction to the appellant Corporation to regularize their services as Forest Watcher in the Forest Department with effect from the date of their appointments, the workmen filed O.A.Nos.1351, 1359 and 1350 of 2002 before the Tamil Nadu Administrative Tribunal, Chennai.

(v) On abolition of the Tribunal, the aforesaid original applications were transferred to the file of this Court and renumbered as W.P.Nos.7070, 5924 and 5923 of 2006 respectively. The Corporation, which was not originally arrayed as a party in the original applications, was subsequently, impleaded during the pendency of the writ petitions and they filed a common affidavit in all the writ petitions.

(vi) According to the Corporation, the workmen were engaged on daily wages to protect the rubber plantation and not as a Forest Watcher under the Forest Department and they were extended the benefit of various legislations such as The Plantation Labour Act 1936, The Tamil Nadu Industrial Employment (National and Festival Holidays) Act 1981, The Employees Provident Fund and Miscellaneous Provisions Act 1952 and The Payment of Bonus Act 1965.

(vii) The workmen were being paid minimum wages as notified by the Government of Tamil Nadu under the Minimum Wages Act.

(viii) The workmen having been in employment for more than three decades were however not granted permanent status nor regularized. The Corporation being an Industrial Establishment in terms of Section 2 (3) of the Permanent Status Act and the plantation as defined under the Plantation Labour Act was covered under Section 2 (3)(b) under the Permanent Status Act, the workmen claimed that they ought to have been conferred with permanent status.

(ix) In the writ petitions, the workmen stated that they have been in continuous employment for over three decades and thus, in terms of Section 3 of the Permanent Status Act, they ought to have been made permanent.

3. Order of the Writ Court:

By a common order dated 22.12.2011, the aforesaid writ petitions were disposed of, by the learned Judge, on the following findings:

(i) The appellant Corporation is an “industrial establishment” in terms of Section 2(3) of the Tamil Nadu Industrial Establishments Act, 1981.”Plantation” as defined under Plantation Rubber Act is covered under Section 2(3)(b) of the Tamil Nadu Industrial Establishments Act, 1981.

(ii) The appellant having been found to fall within the meaning of “Industrial Establishment”, in terms of Section 3 of the Permanent Status Act, the workmen who were in continuous service for a period of 480 days in 24 calendar months, shall be made permanent.

(iii) The appellant Corporation having admitted that the workmen were in continuous service for more than 30 years, are entitled to be regularized in terms of Secti