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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice M.Dhandapani, J
Management of A.B.T. Parcel Service Rep. by its Asst. General Manager – Appellant
Versus
Joint Director, Directorate of Industrial Safety and Health Salem – Respondent
ORDER :
(M. DHANDAPANI, J.)
The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for records leading to the order of the first respondent vide No.A/1122 of 2014, dated 23.03.2015 and quash the same.
2.The case of the petitioner is that the petitioner is in the business of transporting goods and parcels across India. In the State of Tamil Nadu, the company has split its operations into 7 controlling offices, namely, Coimbatore, Trichy, Madurai, Salem, Madras and Palayamkottai and more than 1200 persons are employed and the present litigation pertains to Salem controlling office. In the year 2010, the union representing the permanent workmen submitted a charter of demands with regard to wages and other service conditions of the employees working in the petitioner establishment and the Management settled the demands of permanent workmen. Thereafter the union raised a frivolous claim with the first respondent that the respondents 2 to 4 also should be made permanent and the Management made it clear that there was no requirement for a mechanic or body builder on full time basis.
3.The further case of the petitioner is that the primary activity of the pe
The absence of an employer-employee relationship at the time of application under the Tamil Nadu Shops and Establishments Act renders the claim for permanent status unsustainable.
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