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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, R.SAKTHIVEL
Administrator, Chengalrayan Co-Operative Sugar Mills Ltd. – Appellant
Versus
Deputy Commissioner of Labour, Cuddalore – Respondent
| Table of Content |
|---|
| 1. application for permanent employment status under the 1981 act. (Para 1) |
| 2. arguments concerning the nature of employment. (Para 6 , 7 , 8) |
| 3. court's observations on the evidence of employment continuity. (Para 9 , 10 , 12 , 18) |
| 4. conclusion affirming permanent status based on continuous service. (Para 28 , 29) |
| 5. final ruling on the writ appeal. (Para 34) |
JUDGMENT :
R. SAKTHIVEL, J.
The second respondent herein had submitted an application dated November 27, 2009, under Section 3 of 'the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 (Tamil Nadu Act No.46 of 1981)' ['1981 Act' for brevity] to the first respondent herein praying to confer permanent status to his employment / service as Technical Assistant (Civil) at the appellant - sugar mill.
1.1. The first respondent after hearing both sides, concluded that the second respondent having joined the appellant - sugar mill as Technical Assistant (Civil) as early as June 8, 1989 on temporary basis and having been continuously employed ever since then, thereby being in continuous service for a period of 480 days and above within a period of 24 calendar months, is entitled to perma
A Government declaration is required to classify a sugar factory as seasonal under the applicable labor law; continuous service of an employee in such a factory permits entitlement to permanent statu....
The court affirmed that terminations without adherence to natural justice and statutory provisions are illegal, emphasizing the rights of workers under the Tamil Nadu Permanent Status Act.
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 judgment establishes the obligation to comply with the Inspector of Labour's order under the Act and the application of the Act to the Corporation and its employees.
The court's decision established that when temporary or ad-hoc appointments are continued for a long period of time, the Court has to presume that there is a regular need for service on regular posts....
The main legal point established in the judgment is the requirement of 'actual proof' of continuous service for 480 days within 24 calendar months under the Permanency Act, the burden of proof on the....
Permanent Status Act overrides 12(3) settlements; workmen gain permanent status after 480 days continuous service.
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