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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
Management Metropolitan Transport Corporation (Chennai) Limited – Appellant
Versus
Inspector of Labour / Assistant Commission of Labour – Respondent
| Table of Content |
|---|
| 1. factual background: initial temporary engagement, subsequent regularization via settlement, and late claim for permanency. (Para 1 , 2 , 4) |
| 2. ratio: stale claims for retrospective permanency are unsustainable after accepting settlement-based regularization. (Para 3 , 7) |
ORDER
This petition has been filed challenging the order dated 16.05.2023 passed in Case No.C/1169 /2021 by the 1st respondent herein and seeking to quash the same as being illegal, arbitrary and without jurisdiction.
2.The case of the petitioner is that the second respondent was initially engaged on a temporary basis as a conductor on a stop-gap arrangement and was subsequently appointed as a daily wage conductor on 01.02.2000. The second respondent was later granted regularisation with effect from 01.09.2005 pursuant to the 12(3) Settlement dated 31.08.2005. It is the further case of the petitioner that, in view of the Government ban order dated 05.07.2001, no fresh appointments or regularisations could be made during the currency of the ban period. After a lapse of 17 years, the second respondent filed a claim petition under the Conferment of Permanent Status Act in Case No.C/1169 /2021 before t
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