IN THE HIGH COURT OF MADRAS, MADURAI BENCH
M. Sathyanarayanan, Nisha Banu, JJ.
The Chairman Tamil Nadu Electricity Board - Appellant
Vs.
The Inspector Of Labour Karur - Respondent
WA.(MD). Nos.339 and 340 of 2015 & MP (MD) Nos.2 & 2 of 2015 & CMP (MD) No.10630 of 2016 in WA.(MD) No.339 of 2015
Decided On : 24-11-2016
Constitution of India, 1950 - Article 226 - Industrial Dispute Act, 1947 - Sections 33, 18, 3 – Working - In affidavit filed in support of writ petition petitioners therein/private respondents herein would state among other things that they were appointed as temporary employees in various positions under 3rd appellant herein and after working in that capacity for more than statutory period they were optimistic that their services will be regularised and however it was not done so and therefore they were constrained to approach 1st respondent herein by invoking provisions of Conferment of Permanent Status Act and said official after conducting enquiry has passed a common order directing appellants herein to confer permanent status and despite very many representations said order has not been implemented and hence they came forward to file said writ petition - Held, It is a well settled position of law that this Court in exercise of jurisdiction cannot re-appreciate factual findings rendered by competent authority unless it is shown that said findings are perverse or based upon no evidence - This Court testing common order passed by 1st respondent is of considered view that said official has exercised his statutory power well within ambit of law and also carefully analysed documents and other materials placed and rightly reached conclusion and thereby ordered conferment of permanent status on private respondents - Furthermore since legal plea raised herein has been settled in earlier round of litigations it is not open to appellants herein to urge very same point in future litigations and even otherwise there is no infirmity or perversity attached to findings rendered by 1st respondent and therefore said order does not warrant interference - Appeals are dismissed.
M. Sathyanarayanan, J.
These writ appeals are preferred by the Tamil Nadu Electricity Board [in short "TNEB"], now the Tamil Nadu Generation and Distribution Corporation Limited [in short "TANGEDCO"], aggrieved by the orders conferring Permanent Status by the 1st respondent/the Inspector of Labour, Karur, on the private respondents under the provisions of the Tamil Nadu Industrial Establishments [Conferment of Permanent Status to Workmen] Act, 1981 [in short "Conferment of Permanent Status to Workmen Act].
2. The facts leading to the filing of these writ appeals, briefly narrated, are as follows:-
WA (MD) No.339 of 2015:- [against WP (MD) No.2653 of 2013]
The appellants/the Tamil Nadu Electricity Board [TNEB] had filed the above said writ petition challenging the common order passed by the 1st respondent Inspector of Labour, Karur under the provisions of the above said Act, ordering conferment of permanent status on the private respondents.
(B) In the affidavit filed in support of the said writ petition, the Superintending Engineer, Karur Electricity Distribution Circle, Karur, would aver among other things that the private respondents have not worked directly under TNEB and that there is no relationship of employer and employee between them and in any event, the 1st respondent herein has no authority under the provisions of the said Act, to adjudicate their claim conferring permanent status on the private respondents and further that, the claim of the private respondents/workmen that they have worked continuously for a period of more than 480 days in 24 Calendar months, is also under serious dispute and their claim in that regard, is not factually correct and their services were engaged for execution of certain works through contractors only and the wages were paid by the said contractors to the workmen and not by TNEB. Insofar as the Service Certificates said to have been issued by the concerned Assistant Engineers of TNEB, the private respondents/workmen, it is contended that the said documents cannot be relied upon as the officials were not competent or authorised to issue the same and as such, cannot be taken as valid certificates.
WA (MD) No.340 of 2015 :- [against WP (MD) No.14674 of 2012] The private respondents in this writ appeal filed the said writ petition praying for issuance of a writ of mandamus directing the appellants herein who were arrayed as the respondents in the said writ petition, to implement the order of the 1st respondent, viz., the Inspector of Labour, Karur, dated 29.01.2010, passed in CP.No.809 of 2008 etc., batch, and to regularise their employment/confer permanent status on them.
(B) In the affidavit filed in support of the writ petition, the petitioners therein/private respondents herein, would state among other things that they were appointed as temporary employees in various positions under the 3rd appellant herein and after working in that capacity for more than the statutory period, they were optimistic that their services will be regularised and however, it was not done so and therefore, they were constrained to approach the 1st respondent herein by invoking the provisions of the Conferment of Permanent Status Act and the said official, after conducting enquiry, has passed a common order dated 29.01.2010, directing the appellants herein to confer the permanent status and despite very many representations, the said order has not been implemented and hence, they came forward to file the said writ petition.
(C) One K. Sivasankar, had also filed a contempt petition in Cont.P.(MD) No.1218/2013, alleging wilful disobedience of the order dated 26.04.2013 made in WP (MD) No.7114 of 2013, to punish the Superintending Engineer, Karur Electricity Distribution Circle, TNEB, Karur.
3. A learned Single Judge of this Court, has taken up the said two writ petitions, viz., WP (MD) Nos.2653 of 2013 and 14674 of 2012, as well as the contempt petition, viz., Cont.P.(MD) No.1218 of 2013, together for final dis
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.