SANJAY KAROL, J. 1. Leave to appeal by special leave granted. Digitally signed by Nidhi Ahuja Date: 2024.05.17 18:32:02 IST Reason:

Signature Not Verified 2|SLP(C)30005/2019 THE APPEALS

2. The cross appeals, one by the Tamil Nadu Medical Services Corporation Limited1 and the other by the Tamil Nadu Medical Services Corporation Employees Welfare Union2, question the judgment and order dated 9th August, 2019, passed by the High Court of Judicature at Madras in W.P.Nos.17133 of 2001 and 15241 of 2009 respectively. The position of the parties is in accordance with SLP(C)No.30005 of 2019.

3. The impugned judgment came to be passed in Writ Petition No.17133/2001 which was directed against order dated 31st March, 2001 of the Inspector of Labour, Circle-III, Chennai3, by which the claim of 53 workmen to be conferred permanent status in the Corporation was accepted, while the claim of 42 others was rejected.

4. W.P. No.15241 of 2009 was filed by 22 out of the said 53 workmen seeking a writ of mandamus to be granted employment in the Corporation as per the order of the Inspector of Labour.

1 Hereinafter ‘the Corporation’.

2 Hereinafter ‘the Union’.

3 Hereinafter ‘Inspector of Labour’.

3|SLP(C)30005/2019 QUESTIONS BEFORE THIS COURT

5. The questions that this Court is to consider are – (i) Whether the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 would apply to the parties? (ii) Whether by way of the impugned judgment, the suggestion to institute an ‘Industrial Disputes Claim’ questioning non-employment was sustainable, given that the Inspector of Labour had already passed orders in that regard? FACTS IN BRIEF

6. The Corporation was incorporated under the Indian Companies Act, 1956 on 1st July, 1994. Its management is under the State of Tamil Nadu. It has employed various workmen in different capacities, including the appellants in the appeal arising out of SLP(C)No.2649 of 2020. Such employees had sought regularization under the provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent 4|SLP(C)30005/2019 Status to Workmen) Act, 19814. Such representations being unsuccessful, two Writ Petitions bearing Nos.17263 and 17147 of 1998 were preferred before the learned Single Judge of the High Court.

7. The learned Single Judge5, vide judgment and order dated 21st July, 2000 passed the following directions:

“19….

1. The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (Tamil Nadu Act 46 of 1981) is applicable to the second respondent corporation.

2. The ‘Inspector’ having jurisdiction over the second respondent is directed to inspect and verify the records of the second respondent corporation and pass appropriated orders under Sec.3 of the said Act with regard to the claim made by the members of the petitioner Union;

3. The ‘Inspector’ is also directed to consider the claim made by the petitioner Union regarding employment on Saturdays to the members of the petitioner Union;

4. The ‘Inspector’ is further directed to determine the above referred questions within three months from the date of a copy of this order after affording an opportunity of being heard to both parties; and

5. Till an order is passed by the ‘Inspector’ as stated above, status quo as on date shall be maintained by both parties. Writ petitions are allowed to the extent mentioned above. No costs. All the miscellaneous petitions are closed.”

4 Hereinafter ‘the Act’.

5 Annexure P1, pg 61.

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8. Pursuant to the above order, the Inspector of Labour passed order dated 31st March, 20016, wherein the following issues were framed :

“ISSUES (a) Whether the act pertaining to conferment of permanent status of Workmen could be made applicable to the respondent Establishment (b) Whether the authorized office under the aforesaid act being Labour Inspector has got the authority to try this case? (c) If, the respondent’s Management is cove