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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SATHISH KUMAR, M.JOTHIRAMAN
Tamil Nadu State Transport Corporation (Madurai) Ltd. – Appellant
Versus
S.Palaniraj – Respondent
| Table of Content |
|---|
| 1. workmen completed 480 days, entitled to permanency. (Para 2 , 10) |
| 2. settlement binds; continuous service needs evidence. (Para 3 , 4) |
| 3. permanent status act s.3 overrides id act settlement. (Para 5 , 12) |
| 4. prior judgments upheld permanency claims. (Para 6 , 7 , 8 , 9) |
| 5. 1985 amendment includes settlements in 'law'. (Para 13 , 14) |
| 6. state act prevails via art.254(2); rights non-waivable. (Para 15 , 17 , 18) |
| 7. appeals dismissed. (Para 19) |
JUDGMENT :
M.JOTHIRAMAN J.
Under assail is the common order passed in WP.(MD)Nos.2069 & 2071 of 2013 dated 30.08.2022.
2.It is the case of the respondents/writ petitioners that they were recruited as Drivers through employment exchange. They were appointed as Drivers on 18.05.2001 and 15.01.2001 respectively. Since their appointment, they were in continuous service as Drivers without any interruption. They have completed 240 days of actual service, on or before May 2002 and April 2002 respectively and therefore, they were deemed to have been confirmed workers, in view of the settlement under Section 12(3) settlement of Industrial Dispute Act, 1947[hereinafter referred as ID Act]. The Transport Corporation did not give any formal order
Permanent Status Act S.3 overrides ID Act settlements for conferring permanency after 480 days service.
Permanent Status Act overrides 12(3) settlements; workmen gain permanent status after 480 days continuous service.
Statutory right to permanency after 480 days overrides settlements under Industrial Disputes Act.
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 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....
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.
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