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R. MAHADEVAN, MOHAMMED SHAFFIQ
Arasu Rubber Corporation Limited – Appellant
Versus
S. Sundar – Respondent
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:
(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 inte
rules of recruitment cannot be relaxed and the court/tribunal cannot direct regularisation of temporary appointees dehors the rules, nor can it direct continuation of service of a temporary employee ....
The court established that regularization of daily wage workers requires adherence to specific government resolutions and the existence of sanctioned posts, not merely the completion of five years of....
Long-term engagement of employees for over 240 days establishes entitlement to regularization, reinforcing the principle against unfair labor practices applicable to public sector employment.
The main legal point established in the judgment is that the conditions required for the regularization of workmen, as per the Industrial Employment (Standing Orders) Act 1946 and the standing orders....
The Conferment of Permanent Status Act did not apply to the employees of the Board, and the Labour Court erred in granting retrospective regularisation without adjudication of disputed issues.
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
The judgment emphasizes the statutory rights of industrial workers and the prohibition of unfair labour practices under the MRTU & PULP Act, 1971.
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.
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