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1997 Supreme(Mad) 1231

M.S.LIBERHAN
Mamundiraj N. and Others – Appellant
Versus
Bharat Heavy Electricals Limited, Trichy and Another – Respondent


Appearing Advocates: For

Judgment :-

MANMOHAN SINGH LIBERHAN, C.J.

The appellants were sponsored by the Trade Apprenticeship, completed it with the respondents and they passed the examination. In 1983 they were interviewed and absorbed in the post of Artisan Grade IV skilled workers as Non-muster Employees. Later in 1985, they were designated or termed as Casual labourers, the Deputy Chief Inspector of Factories vide his order dated December 22, 1993, held the appellants to be entitled to be declared as permanent employees as envisaged by Tamil Nadu Industrial Establishment (Conferment of Permanent Status of Workmen) Act, 1981, hereinafter referred to as 1981 Act).

2. The employer impugned the order in W.P. No. 1843 of 1994 on the grounds that the order was non-speaking order. It did not consider the sine quo non for conferring the status of permanent employees as the workmen did not work for a continuous period of 480 days during the preceding 24 calender months. As the interrupted periods of employment were wrongly directed to be counted, the long interruption would not come within the purview of authorised interruption.

3. The appellants refuted the averments and averred that questions raised in the writ p


























































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