The Salem Co-Op. Sugr Mills v. S.Malarvizhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA The Salem Co-operative Sugar Mills National Workers Union Registration No.3792 Mohanur 637 015 Namakkal District rep.by its Secretary A.Palanisamy ..

Petitioner -vsMrs.S.Malarvizhi, M.Sc., The Special Officer Salem Coop.Sugar Mills Ltd., Mohanur 637 015 Namakkal District ..

Respondent Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for wilful disobedience of the order of this Court dated 31.10.2011 made in W.P.No.14971 of 2009. For Petitioner ::

Mr.R.Rengaramanujam For Respondent ::

Mr.R.Bala Ramesh Special Government Pleader (Co-operatives)

ORDER

When the contempt petition was taken up for hearing, learned Special 1/3

Government Pleader appearing for the respondent stated that although there is no clear cut finding given by the Deputy Chief Inspector of Factories, who is the Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status) Act, 1981 to regularise the services of the members of the petitioner Union from a particular date and although the subsequent writ petition filed against the said order dated 24.6.2009 made in No.A.1091/2008 was dismissed, by order dated 31.10.2011, not only the services of the 37 workers covered in the order, but also the services of the other persons who have not approached the Authority, were also regularised with effect from 7.1.2014, therefore, nothing survives in the contempt petition.

2. However, the learned counsel appearing for the petitioner submitted that the services of the members of the petitioner Union should have been regularised with effect from 1.3.2008.

3. But there is no finding or conclusion given by the Deputy Chief Inspector of Factories, who is the Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status) Act, 1981 to such a plea. When there is no finding given as to from what date the workmen have 2/3

completed their 480 days of continuous working, it will be difficult to follow such an order. Therefore, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/27/05/2020 To

1) Special Officer Salem Co-op sugar Mills Ltd Mohanur - 637 015 Namakkal District 3/3