The Superintending Engineer v. The Inspector Of Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4992 of 2018 and W.M.P.No.6175 of 2018 1.The Superintending Engineer, Kallakurichi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Kallakurichi - 606 202.
Villupuram District.
2.The Assistant Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation, Madapattu, Villupuram District.
...Petitioner
Vs 1.The Inspector of Labour, (Authority under the Tamil Nadu Industrial Establishment(Conferment of Permanent Status to Workmen)Act, 1981 Villupuram District.
2.R.Arumugam.
...Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India to issue of Writ of Certiorari, calling for the records of the First respondent dated 22.06.2017 in proceeding No.Pa.Mu.No.A/1928/2014 and quash the same.
For Petitioner : Mr.G.Anand for M/s.T.S.Gopalan & Co.
For Respondents : M/s.A.Sri Jayanthi, Special Government Pleader for R1 Mr.S.Vijayaraghavan for R2
O R D E R
The writ petition is filed challenging the award passed by the Inspector of Labour granting permanent status to the workmen by the TANGEDCO.
2.The learned counsel appearing on behalf of the workman made a submission that the board after 12 (3) Settlement dated 10.08.2007 issued orders in B.P. (Chairman) No.9, Administrative Branch, date 09.01.2008, granting permanent absorption for contract labourers, who all are not covered by 12(3) Settlement. Certain conditions are stipulated in the Board proceedings dated 09.01.2008 for granting permanent absorption.
3. The learned counsel appearing on behalf of the writ petitioner/management made a submission that the petitioners are not having any objection for considering the case of the workmen in the light of the terms and conditions as stipulated in B.P. No.9, dated 09.01.2008. In view of the said submissions, the learned counsel appearing for the workman also agreed and filed their memo stating that the case of the workmen may be considered by the writ petitioners management in terms of the B.P.No.9 dated 09.01.2008.
4. In this view of the matter, the workman is permitted to submit fresh representations to the writ petitioners management, within a period of three weeks from the date of receipt of a copy of this order, along with all necessary documents establishing their engagement as contract labourer. In the event of receiving any such representation from the workman, the writ petitioner-management is directed to consider the same, in the light of the Board proceedings issued dated 09.01.2008 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5. In view of the submissions made by the learned counsel appearing on behalf of the workmen, the order passed by the Inspector of Labour, granting permanent status, cannot be insisted upon and in the event of considering the case of the workmen in the light of the B.P.No.9 dated 09.01.2008, the orders passed by the Inspector of Labour need not be given effect to.
6. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar kak
To 1.The Inspector of Labour, (Authority under the Tamil Nadu Industrial Establishment(Conferment of Permanent Status to Workmen)Act, 1981.
Villupuram District.
+1cc to Mr.T.S.Gopalan & CO, Advocate SR.No.49046 +1cc to Government Pleader SR.No.49364 W.P.No.4992 of 2018 GN(31/07/2018)