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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SATHISH KUMAR, M.JOTHIRAMAN
General Manager (Administration) TNSTC (KUM) Limited – Appellant
Versus
K. Selvaraj – Respondent
| Table of Content |
|---|
| 1. workmen completed 480 days as daily wagers, later regularized under settlement. (Para 2 , 9) |
| 2. settlement binding vs. statutory permanent status right. (Para 4) |
| 3. prior rulings upheld permanent status over settlement. (Para 5 , 6 , 7 , 8) |
| 4. permanent status act s.3 overrides id act settlements via non-obstante and art.254(2). (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. appeals dismissed upholding permanent status. (Para 18) |
JUDGMENT :
M. JOTHIRAMAN, J.
1. The present intra Court appeals have been instituted challenging the writ orders passed in the writ petitions on different dates. Since the issues to be considered are common, these writ appeals have been tagged together, heard together and are being disposed of by this common judgment.
2. The case of the respondents/workmen is that they were initially engaged as daily wages basis on various dates as Driver and Conductor in Tamil Nadu State Transport Corporation between 2000-2001. As per 12(3) settlement entered between the Trade Union and Transport Corporation, permanent status has to be given to the workmen on completion of 240 days in one year as daily paid workmen. Thereafter, the employees were filed an applicati
Permanent Status Act overrides 12(3) settlements; workmen gain permanent status after 480 days continuous service.
Permanent Status Act S.3 overrides ID Act settlements for conferring permanency after 480 days service.
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.
Employees who have accepted regularization through a 12(3) settlement under the Industrial Disputes Act, 1947, are precluded from subsequently raising belated claims for retrospective permanent statu....
Employees who have accepted regularisation through a valid settlement and served for a significant period are estopped from subsequently claiming retrospective permanent status after an inordinate de....
Inspector of Labour holds summary jurisdiction under Permanent Status Act to grant permanency to contract workers proving 480 days continuous employment; public employers must ensure fair practices a....
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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