ORDER

This Writ Petition is filed for issuance of Writ of Certiorarified Mandamus, to quash the impugned order passed by the 1st respondent/Central Government Industrial Tribunal cum Labour Court, dated 07.06.2011 in I.D.No. 85 of 2011 and consequential direction to the 2nd respondent to regularize the services of the employees, the members of the Petitioner's union.

2. The brief facts as stated in the affidavit are that the Petitioner namely, Thenmandala Podhu Thozhilalar Sangam is a registered Trade Union, under (AITUC). The petitioner union has membership of number of workmen employed in the name of contract workers in the management of Central Electro Chemical Research Institute (CECRI), Karaikudi, the 2nd respondent herein. There are about 330 acres of land, where trees are grown and gardens are maintained by 18 gardeners and most of the gardeners are working ever since from the year 1986. Before absorption of the employees, the respondent had conducted interview for the job at headquarters. Prior to that they were employed on daily wages ever since from the year 1997 onwards.

3. It is further stated that, in the year 1983, the respondent management itself formed a Cooperative Society namely, Alagappapuram Labour Contract Cooperative Society. In that, the Deputy Director of CECRI was nominated as the President and the Scientist was nominated as Secretary and seven other members were appointed as Directors of the Board. These seven members are none other than the permanent employees of the petitioner management on contract basis. The payments were made in the name of the society and that will be divided among the employees for the work done by them. In the year 1996, the petitioner management has nominated one K.Selvaraj, as President. Thereafter, the management has closed the said Alagappanpuram Contract Labour Cooperative Society in the year 1998 and directed the employees to form another society and the petitioner management itself took initiative for forming the society namely, Sivagangai District Labour Contractors Society. The said society was neither registered under Cooperative Societies Act nor under the Registration Act. In pursuance thereof, the management has engaged them and paid monthly salary in the name of the Cooperative Society. Subsequent to that, another society namely, Sri Ganapathy Oppanthakarargal Nala Sangam was formed, wherein the petitioner management nominated R.K.Muthukumar, as its President who was working for the past 25 years with the petitioner management and this society was also not registered. In the year 2001, at the instance of the Management Sivagangai District Labour Contractors Society was closed. Subsequently, the petitioner management has formed another society namely, Om Sakthi Oppanthakarargal Nala Sangam and Kaliamman Oppanthakarargal Nala Sangam and nominated some of the employees as President, Secretary and Directors of the Board. Even though the societies were dissolved and new societies were formed, same employees continued in the new society as their employees but no order of service confirmation was issued. Hence, the petitioner contended that the employees were worked for more than 20 years under contract labour with the petitioner management.

4. In spite of number of societies were formed and were dissolved, same employees continued in the subsequent societies and also all the employees were continuously engaged as Gardeners and Sweepers and thus the employees continue to work with the petitioner management for more than 20 years. The petitioner management has also issued service certificates for their engagement. Thus, the petitioner impliedly agreed their engagement as their employees and admitted the period of service. In order to circumvent, their services were terminated intermittently. The employees were engaged from 1977 till the year 1986 on daily rated basis. Thus, they had worked about 10 years and there are more than 20 employees working therein. Therefore, the