ORDER

This writ petition has been filed seeking writ of mandamus to direct the 1st respondent to ensure the maintenance of printed attendance registers in all the branches under the control of the 3rd respondent- Corporation to prove that the labours attended the work on the particular day forthwith in the interest of justice.

2. No counter affidavit has been filed by the respondents.

3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for respondents 2 and 3 and perused the records.

4. Learned counsel for the petitioner contends that the Tamil Nadu State Transport Corporation Limited, Tirunelveli Division, Nagercoil Region is operating more than 1,000 buses and around 2,000 Drivers, Conductors and other staffs are working in different branches consisting 12 branches and all branches are under the control of the 2nd and 3rd respondents herein and nearly 5000 staffs are working in all branches. Except Conductors and Drivers, other staffs are marking their attendance in the attendance register. But, no attendance register is provided for Drivers and Conductors. Due to non-availability of attendance registers, the Drivers and Conductors could not mark their attendance.

5. The learned counsel would submit that by taking advantage of non-availability of attendance registers for the Drivers and Conductors, the 2nd and 3rd respondents officers are punishing the Drivers and Conductors who are involved in the activities of trade union by marking absent for them for the day, even though the said Drivers and conductors attending duty on that day. Under the circumstances, to protect the interest of the members of the Association, the petitioner submitted a representation to the respondents on 22nd August, 2016 requesting to keep printed attendance registers in all branches to give the proof that the Drivers and Conductors attended the work on a particular date to prevent the officials from exploiting the Conductors and Drivers who are discharging their duty seriously.

6. The learned counsel further submits that as per Rule 6 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Rules, 1981 (hereinafter referred to as “the 1981 Rules”), every employer of an industrial establishment shall maintain a register of workmen in formal. Accordingly, the learned counsel sought to allow this writ petition.

7. Learned Additional Government Pleader appearing for the 1st respondent submits that the 1st respondent has to follow Rule 6 of the

1981 Rules.

8. Learned Standing Counsel appearing for the 2nd and 3rd respondents, on oral instructions, submits that as of now, the 2nd and 3rd respondents are taking attendance of their employees through bio metric system from 2019 onwards. As such, the 2nd and 3rd respondents are not maintaining physical registers.

9. Having heard the submissions of the respective counsels and upon perusal of the material available on record, in my considered view, it is appropriate to look into the relevant provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (hereinafter referred to as “the 1981 Act”) and the relevant Rules of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Rules, 1981 as extracted hereinuder:

Section 5 of the 1981 Act: Power and duties of Inspectors. – Subject to any rules made by the Government in this behalf, the Inspector may, within the local limits for which he is appointed,-- (a) enter at all reasonable times and with such assistants, if any, who are persons in the service of the Government or of any local authority as he thinks fit to take with him, any industrial establishment; (b) make such examination of the industrial establishment and of any registers, records and notices and take on the spot or elsewhere the evidence of such person as he may deem necessary, for carryin