IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
The General Manager, Tamil Nadu State Transport Corporation Madurai Ltd. – Appellant
Versus
The Assistant Commissioner of Labour, (Prohibition), Virudhunagar – Respondent
| Table of Content |
|---|
| 1. workman seeks permanency after 480 days despite settlement. (Para 1 , 2) |
| 2. section 3 overrides settlements for permanency. (Para 4 , 5 , 6) |
| 3. appeal dismissed, upholding permanency order. (Para 7) |
Challenging the order passed by the learned Single Judge in W.P.(MD)No.22646 of 2022, the present writ appeal is filed.
2.The respondent was appointed as Reserve Crew Driver in the petitioner Corporation on 05.08.2015. He has completed 480 days of service within a period of 24 calender months. Therefore, he filed an application before the Assistant Commissioner of Labour on 01.02.2019 seeking conferment of permanent status. The said application has been objected by the appellant Management on the ground that there is a settlement under Section 12(3) of the Industrial Dispute Act between the writ petitioner and the appellant Management to the effect that as and when the reserve drivers complete 480 days, they have to be appointed as a daily wage driver. The further contention of the appellant Management is that without appointing the Reserve Drivers as a daily wager, they cannot be conferred with permanent status or absorbed as a regular employee. That apart, the workman i
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