The Superintending Engineer v. The Inspector Of Labour,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.6595 to 6601 & 6603 of 2015 and M.P.No.1 of 2015(8 Mps) and M.P.No.2 of 2015(3Mps) 1.THE SUPERINTENDING ENGINEER, DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE, TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, DHARMAPURI - 5.

2.THE CHIEF ENGINEER(PERSONNEL) TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 800, ANNA SALAI, CHENNAI - 600 002.

..PETITIONERS IN W.P.6595/2015 1 THE SUPERINTENDING ENGINEER DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELELECTRICITY BOARD DHARMAPURI-5. 2 THE CHIEF ENGINEER(PERSONNEL) TAMIL NADU ELECTRICITY BOARD 800 ANNA SALAI CHENNAI-2.

...PETITIONERs IN WP NO.6596 OF 2015 1 THE SUPERINTENDING ENGINEER DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELELECTRICITY BOARD DHARMAPURI-5. ... PETITIONER IN WP NO.6597 OF 2015 1 THE SUPERINTENDING ENGINEER DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELELECTRICITY BOARD DHARMAPURI-5. ... PETITIONER IN WP NO.6598 OF 2015 1 THE SUPERINTENDING ENGINEER DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELELECTRICITY BOARD DHARMAPURI-5. ... PETITIONER IN WP NO.6599 OF 2015

1 THE SUPERINTENDING ENGINEER DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD DHARMAPURI-5.

... PETITIONER IN WP NO.6600 OF 2015 1 THE SUPERINTENDING ENGINEER DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD DHARMAPURI-5.

... PETITIONER IN WP NO.6601 OF 2015 1 THE SUPERINTENDING ENGINEER DHARMAPURI ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD DHARMAPURI-5.

2 THE CHIEF ENGINEER (PERSONNEL) TAMIL NADU ELECTRICITY BOARD 800 ANNA SALAI CHENNAI ... PETITIONERs IN WP NO.6603 OF 2015 Vs.

1 THE INSPECTOR OF LABOUR KRISHNAGIRI 2 M.KRISHNAN 3 R.RANJITHKUMAR 4 M.KANNAPIRAM 5 K.TAMIL VENDHAN 6 M.VENKATESAN 7 T.THARANI 8 I.AROKIYADHAS 9 J.NAVAKOTTESWARAN 10 S.SATHESH KUMAR 11 P.DHURAISAMY 12 S.SANGEETHKUMAR 13 J.SILAMBARASAN

14 S.AROKIYASAMY 15 M.MUNIYAPPAN 16 T.MUNIRAJ 17 P.MATHISELVAM 18 C.MADHAIYAN 19 C.MURUGESAN 20 T.SUBRAMANI 21 C.MURUGAN 22 K.KRISHNAN 23 D.RAJEDRAN 24 P.M.MADHAIYAN 25 M.SADHAASIVAM 26 R.MUNIRAJ 27 C.RAVI 28 C.MUNUSAMY 29 D.EASWARAN 30 M.CHINNAPPAN 31 M.MUNIRAJ 32 C.MADHAPPAN 33 C.MANI 34 T.SOMASUNDARAM 35 M.SANKAR 36 C.GOPI 37 P.VADIVEL

38 S.GOPI 39 T.DHAYALAN 40 V.SAMRAJ 41 S.SHANMUGASUNDARAM ... RESPONDENT IN WP NO.6595 OF 2015 1 THE INSPECTOR OF LABOUR KRISHNAGIRI 2 S.GOKUL DASS 3 A.RAJAPPA 4 M.BASKAR 5 K.NAGARAJ 6 A.SRINIVASAN 7 M.GANESAN 8 P.MADEVAPPA 9 P.CHELAPPA 10 P.ASVANTHAN 11 M.BAIRAPPA 12 M.CHANDRA REDDY 13 M.VARATHAPPA 14 NARASIMMATCHI 15 P.NARAYANAPPA 16 P.M.PALANI 17 C.GANESAN 18 P.MANI 19 C.PERUMAL

20 A.MURALI 21 C.PANNERSELVAM 22 S.NEELKANDAN 23 A.RAJA 24 R.RAJASEKAR 25 K.CHOLARAJAN 26 M.SAKTHIVEL 27 S.AANDIMUTHU 28 S.THANGAVEL 29 P.MAHALINGAM 30 M.VADIVEL 31 R.SHANMUGAM 32 C.SIVAKUMAR 33 C.BALAMURUGAN 34 A.VIJAYAKUMAR 35 M.MOORTHY 36 C.MATHESWARAN 37 G.VEDI 38 K.ARASU 39 P.MURUGAN 40 C.CHINNASAMY 41 PRAKASAM 42 P.GOVINDASAMY 43 G.KAVERI

44 C.KARTHICK 45 G.RAMALINGAM 46 M.VETRAYAN 47 V.ELANGOVAN 48 R.GOVINDAN 49 R.GANESAN 50 N.VENKATESAN 51 A.ELLAPPAN 52 VENKATRAAMAN 53 M.SIVASAKTHI 54 K.MURUGAN 55 SAMYNATHAN 56 C.MUNIYAPPAN 57 P.BOMMAIYA 58 VAIYAPURI 59 R.MARAYANNAN 60 M.KAVERI 61 C.SATHEESKUMAR 62 G.PERUMAL 63 KUPPUSAMY 64 SELVAM 65 K.MURUGESAN 66 KRISHNAN 67 K.SARAVANAN

68 R.ANANDAN 69 K.M.KRISHNAN 70 T.BABUJI 71 P.MATHESWARAN 72 P.VIJARAJ 73 S.SEKAR 74 S.SARAVANAN 75 K.HARIRAJ 76 M.SANKAR 77 RAMAN 78 K.SIVAKUMAR 79 MUTHU 80 N.P.NARASIMMAN 81 P.SUBRAMANIAN 82 N.SAKTHI 83 V.PALANI 84 P.KRISHNAN 85 ALAGESAN 86 K.VINOTHRAJ ... RESPONDENT IN WP NO.6596 OF 2015 1 THE INSPECTOR OF LABOUR KRISHNAGIRI 2 N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS AND EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI.

3 M.PANNEER S/O.MARIAPPAN CONTRACT LABOUR PANDARAVALLI VILLAGE JINGAL KATHIRAPET POST POCHAMPALLI TALUK 4 N.SENTHIL KUMAR S/O.NATARAJAN CONTRACT LABOUR VIMANGAMURA POST POCHAMPALLI TALUK ... RESPONDENT IN WP NO.6597 OF 2015 1 THE INSPECTOR OF LABOUR KRISHNAGIRI 2 V.SHANMUGAM CIRCLE SECRETARY TAMIL NADU NATIONAL ELECTRICITY WOKERS FEDERATION /INTUC REG. NO.1544/MTS DHARMAPURI CIRCLE BR SALEM MAIN RD COLLECTORATE OPP DHARMAPURI DT 3 G.KUMERASAN S/O.GOVINDASAMY VETTRILAIKARAIYNAOOR VILLAGE PARUR POST POCHAMPALLI KRISHNAGIRI DISTRICT.

4 D.KADER BASH S/O.PEER BASHA PASUVAPURAM VILLAGE KANDAGOUNDAR POST PAPPIRETTIPATTI TALUK KRISHNAGIRI DISTRICT 5 B.RASAPUTTIRAN S/O.PASUVARAJ KIDAIKARA ALLI VILLAGE OPILINAIKANA ALLI POST PAPPIRETTIPATTI TALUK KRISHNAGIRI DISTRICT 6 K.KUMAR S/O.KADIRVEL KIDAIKARA ALLI VILLAGE OPILINAIKANA ALLI POST PAPPIRETTIPATTI TALUK KRISHNAGIRI DISTRICT 7 M.VAITHEESWARAN S/O.MAHALINGAM KIDAIKARA ALLI VILLAGE OPILINAIKANA ALLI POST PAPPIRETTIPATTI TALUK KRISHNAGIRI DISTRICT 8 K.VENKATACHALAPATHY S/O.GOVINDASAMY NO.1/71 VANNIYAR STREET TALANATTHAM VILLAGE AND POST PAPPIRETTIPATTI TALUK KRISHNAGIRI DISTRICT

9 K.THANGAPRAGASAM S/O.KAVERICHETTY NO.45 MIN NAGAR BARATHIPURAM DHARMAPURI-5.

10 K.GUNASEKARAN S/O.KALIDAASM VINGANAIKANA ALLI VILLAGE PAPPIRETTIPATTI DISTRICT KRISHNAGIRI DISTRICT 11 G.NAGAMANIKKAM S/O.GOURAN METTUPATTI VILLAGE SATHYANADAPURAM POST PANNAGARAM TALUK DHARMAPURI DISTRICT.

12 C.KARUNAAMURTHI S/O.CHINNASAMY KARAKOOR SEERIAMPATTI POST PALAKODE TALUK DHARMAPURI DISTRICT.

13 C.PRIYASAMY S/O.CHINNASAMY RAMACHANDIRAPURAM VILLAGE V. MAATHEPALLI POST KRISHNAGIRI DISTRICT.

14 R.SARAVANASANKAR S/O.RANGASAMY VPPALAMPATTI CHANDUR POST POCHAMPALLI TALUK KRISHNAGIRI DISTRICT 15 MURUGAN S/O.MARIAPPAN SEEMANDIYUR PULIYAMPATTI POST POCHAMPALLI TALUK KRISHNAGIRI DISTRICT 16 P.SASIKUMAR S/O.PALANI VETTRILAIKARANOOR PARUR POST POCHAMPALLI TALUK KRISHNAGIRI DISTRICT 17 S.SAKRAVARTHI S/O.SUBRAMANI NO.2/877 PERIYASAMY GOUNDAMPATTI VOWRAMPATTI POST ARUR TALUK DHARMAPURI DISTRICT.

18 M.VELUSAMY S/O.MURUGESAN NALLAPPNAIKANUR CHANDUR POST POCHAMPALLI TALUK KRISHNAGIRI DISTRICT 19 C.CHENNAKESAVAN S/O.CHINNASAMY NALLAPPANAIKANUR CHANDUR POST POCHAMPALLI TALUK KRISHNAGIRI DISTRICT

20 V.PARTHASARTHY S/O.VENKATESAN NALLAPPANAIKANUR CHANDUR POST POCHAMPALLI TALUK KRISHNAGIRI DISTRICT 21 V.GOPINATH S/O.VENKATESAN CHINDAGAMPALLI POST PARKUR VILLAGE KRISHNAGIRI DISTRICT 22 K.MUNIRAJ S/O.KARUNAAN NALAPPARAMPATTI VILLAGE ARANGAPURAM POST PENNAGARAM TALUK DHARMAPURI DISTRICT 23 K.KARUNAKARAN S/O.GANESAN KIDAKKARA ALLI VILLAGE OPILINAIKANPATTI POST PAPPIRETTIPATTI TALUK KRISHNAGIRI DISTRICT 24 K.SARAVANAN S/O.KUPPURAJ KIDAKKARA ALLI VILLAGE OPILINAIKANPATTI POST PAPPIRETTIPATTI TALUK KRISHNAGIRI DISTRICT 25 K.RAMESH S/O.KANNAN KARIMANGALATHANUR AAMPALLI POST KRISHNAGIRI TALUK AND DISTRICT.

26 R.THIRUPATHI S/O.RAMASAMY ANKINAIKANPALLI VILLAGE AND POST PARKUR WAY KRISHNAGIRI DISTRICT ... RESPONDENT IN WP NO.6598 OF 2015 1 THE INSPECTOR OF LABOUR KRISHNAGIRI.

2 V.SHANMUGAM CIRCLE SECRETARY TAMILNADU NATIONAL ELECTRICITY WORKERS FEDERATION/INTUC DHARMAPURI CIRCLE BRANCH COLLECTORATE OPPOSITE DHARMAPURI.

3 C.MADHAPPAN S/O.CHINNARAJ PAYANOOR VILLAGE SIGARAPALLI POST KRISHNAGIRI DISTRICT.

4 M.VAIRAMUTHU S/O.MANI INDIRA NAGAR SIGARAPALLI POST KRISHNAGIRI.

5 A.PONNUSAMY S/O.ANNAMALAI MOOKALNAIKANPATTI MITTANOOLAALLI POST DHARMAPURI.

6 V.MADHU S/O.VEDIYAPPAN MOOKALNAIKANPATTI KONDANKOTTAI MITTANOOLAALLI POST DHARMAPURI.

7 V.VEDIAPPAN S/O.VEDIYAPPAN AALIVAYANKOTTAI MITTANOOLAALLI POST VIA ANNASAAGARAM DHARMAPURI.

8 K.MADESH S/O.KARIYAPPAN PAGALPATTI POST VIA NALLAMPALLI DHARMAPURI.

9 T.RAMASAMY S/O.R.PERUMAL NADUMARIYAMMAN KOVIL STREET M.G.R. NAGAR KUMARASAMYPETTAI POST DHARMAPURI.

10 S.RAJA S/O.G.SUNDARAM TEYNGAAMARATHUPPATTI VENGATTAMPATTI POST DHARMAPURI.

11 M.KUMARESAN S/O.MANI INDIRA NAGAR SIGARAALLI POST KRISHNAGIRI.

12 M.SRINIVASAN S/O.MANI INDIRA NAGAR SIGARAALLI POST KRISHNAGIRI.

13 K.SENTHIL S/O.KOLUNAI INDIRA NAGAR SIGARAALLI POST KRISHNAGIRI.

14 G.SAKTHIVEL S/O.GOVINDAN 29/47 VELLAKUTTAI CHENNAI SALAI KRISHNAGIRI.

15 K.DHANASEKARAN S/O.KULANDAI INDIRA NAGAR SIGARAALLI POST KRISHNAGIRI.

16 G.JAYASELAN S/O.GANGAPPA NAIDU SIGARAPALLI VILLAGE KRISHNAGIRI.

17 A.GOPI S/O.ARIYAPPAN 8/2C VELLAKUTTAI CHENNAI SALAI KRISHNAGIRI.

18 S.PERUMAL S/O.SANMUGAM RAMACHANDIRAM VILLAGE MAADAPPALLI POST KRISHNAGIRI 19 M.CHINNARAJ S/O.MUNIYAPPAN KURUVARETTIPODU N.

TAASARAPALLI KRISHNAGIRI.

20 S.DILIPKUMAR 29/48 VELLAKUTTAI CHENNAI SALAI KRISHNAGIRI.

21 K.PARASURAMAN S/O.KRISHNAN RAMACHANDIRAM VILLAGE MADEYPALLI POST KRISHNAGIRI.

22 S.SIVAKUMAR S/O.SIVARAJ 24 KONTIKANAPATTI KALARPPATHY POST SAMATHUVAPURAM KRISHNAGIRI.

23 K.MURUGAN S/O.KANNAN SOOKAADU VILLAGE MORAMADUGU POST KRISHNAGIRI.

24 J.KALIAPPAN S/O.JAYABAL KUNDALAAMPATTI POST KRISHNAGIRI.

25 R.DHATSHANAMOORTHY S/O.RAMALINGAM KUNDALAAMPATTI VILLAGE AND POST KRISHNAGIRI.

26 S.SIVALINGAM S/O.SINGARAM 2/203 MURUKKUPATTI-3 PALAKODU CIRCLE DHARMAPURI DISTRICT.

27 G.PALANISAMY S/O.GOVINDASAMY MURUKKUPATTI-3 PALAKODU CIRCLE DHARMAPURI.

28 P.KARUPANNAN S/O.PERIYASAMY 2/608 THONNAIYAAN KOTTAI KRISHNAGIRI CIRCLE & DISTRICT.

29 S.PALANISAMY S/O.SINGARAM 2/203 MURUKKUPATTI-3 PAALAKADU CIRCLE DHARMAPURI DISTRICT.

30 T.GOVINDASAMY S/O.THANGAVEL 2/203 MURUKKUPATTI-3 PAALAKADU CIRCLE DHARMAPURI DISTRICT.

31 S.NAGARAJ S/O.SHANMUGAM 5/59 RAMACHANDIRAM V.

MAATEYPALLI POST KRISHNAGIRI.

32 N.SELVAM S/O.NAGAPPAN J.KOLLUPATTI VILLAGE SEKKUPATTI POST ARUR DHARMAPURI.

33 L.MUNIAPPAN S/O.LAKSHMANAN MNIYAPPANNAN KOTTAI MURUKKUPATTI POST PAALAKADU CIRCLE DHARMAPURI.

34 P.MURUGAN S/O.PERUMAL 3/726 TUPPURAVU COLONY NELLI NAGAR PIDAMANERI VELLAIKAVUNDANPALAYAM DHARMAPURI.

35 S.SAKTHIVEL S/O.SUNDARAM TEYNGAAMARATHUPATTI VILLAGE VENGATTAMPATTI POST VIA ANNASAAGARAM DHARMAPURI.

36 P.SATHYAPRAKASH S/O.PERUMAL(A) THIRUPPATHI PALAIYA PAYANAPALLI KRP DAM POST KRISHNAGIRI.

37 G.MANIVEL S/O.GOVINDASAMY MITTAALLI PUDUR POST VIA KAVERIPATTANAM KRISHNAGIRI.

38 N.NAGARAJ S/O.NANJUNDAN ODAIYANDAALLI VILLAGE AND POST RAYAKOTTAI TENKANIKOTTAI CIRCLE KRISHNAGIRI.

39 P.M.MUNIRAJ S/O.MUNIYAPPAN ODAIYANDAALLI VILLAGE AND POST RAYAKOTTAI TENKANIKOTTAI CIRCLE KRISHNAGIRI 40 T.SENTHILKUMAR S/O.DURAIRAJ VELLALAPATTI METTUTHANGAL UOORACHI UOOTHANGARAI CIRCLE KRISHNAGIRI.

41 R.MAADAIYAN S/O.RATHINAM KURUMBAR STREET A.MALLAAPURAM POST PAALAKADU CIRCLE DHARMAPURI.

... RESPONDENT IN WP NO.6599 OF 2015 1 THE INSPECTOR OF LABOUR KRISHNAGIRI 2 K.NAGARAJAN CIRCLE PRESIDENT MINSARA PIRIVU-ANNA THOLIAR SANGAM POGANAPPALLI VILLAGE KRISHNAGIRI PO KRISHNAGIRI TK & DT REGN NO. 2997(CHENNAI) 3 P.VINOTH KUMAR S/O.PERUMAL POGANAPALLY VILLAGE KRISHNAGIRI DISTRICT 4 S.MANIKANDAN S/O.SEKAR 2/443 ANAN NAGAR COURT OPP.

RAYAKOTTAI ROAD KRISHNAGIRI 5 C.ANBARASAN S/O.CHINNAPPU POGANAPALLY VILLAGE KRISHNAGIRI DISTRICT 6 M.SUGUMAR S/O.MUNISAMY POGANAPALLY VILLAGE KRISHNAGIRI DISTRICT 7 T.GOPIKANNAN S/O.DHASARATHAN NADUTHERU PAPPRAPPATTY KRISHNAGIRI DISTRICT 8 K.BALAMUTHU S/O.KOOLAPPAN POGANAPALLY VILLAGE KRISHNAGIRI DISTRICT

9 M.BOGIRA S/O.MUNUSAMY NARALLAPALLY VILLAGE KRISHNAGIRI DISTRICT 10 A.ANABARASU S/O.ANNAMALAI POGANAPALLY VILLAGE KRISHNAGIRI DISTRICT 11 L.KRISHNAMURTHY S/O.LAKSHMANAN SIGARAPALLY VILLAGE KRISHNAGIRI DISTRICT 12 M.THANGARAJ S/O.MUNIAPPAN POGANAPALLY VILLAGE KRISHNAGIRI DISTRICT 13 M.SENTHILKUMAR S/O.MANICKAM 16/17 AMBEDKAR NAGAR SETTIONPATTY KRISHNAGIRI DISTRICT 14 M.SIVAN S/O.MUNUSAMY POGARAPALLY VILLAGE KRISHNAGIRI DISTRICT 15 N.PERUMAL S/O.NANJUNDAN POGARAPALLY VILLAGE KRISHNAGIRI DISTRICT 16 L.RAMAMOORTHY S/O.LAKSHMANAN INDIRA NAGAR SIGARAPALLY POST KRISHNAGIRI DISTRICT 17 N.THIMMARAYAN S/O.NARAYANAN POGANAPALLY VILLAGE KRISHNAGIRI DISTRICT 18 S.SENTHILKUMAR S/O.SUBRAMANI SAKKILINATHAN VILLAGE VENGATASAMUTHIRAM POST KRISHNAGIRI DISTRICT 19 S.JAYAPANDIAN S/O.SELVAN SAKKILINATHAN VILLAGE VENGATASAMUTHIRAM POST KRISHNAGIRI DISTRICT 20 C.T.MURUGESAN S/O.THIMMARAJAPPA KOTHAKRISHNAPALLY VILLAGE VEPPANAPALLY TALUK KRISHNAGIRI DISTRICT.

21 G.K.KRISHNAMOORTHY S/O.KONERI @ MUNUSAMY POGARAPALLY VILLAGE KRISHNAGIRI DISTRICT.

22 G.MURUGESAN S/O.GOUNDASAMY 4/4221 ANNA NAGAR KAVERIPATTINAM KRISHNAGIRI DISTRICT.

23 V.RAMESH S/O.VEN GATESAN KILKUPPAN VILLAGE BARUR POCHAMAPLLY KRISHNAGIRI DISTRICT.

24 P.RAJESH KANNA S/O.BIRAPPAN POGARAPALLY VILLAGE KRISHNAGIRI DISTRICT.

25 T.ARUJUNAN S/O.DHARMAGARTHA POGARAPALLY VILLAGE KRISHNAGIRI DISTRICT.

26 GUNASEKARAN S/O.KOLLANDAIYAPPAN SAKKILINATHAN VILLAGE VENGATASAMUTHIRAM POST 27 T.RAMACHANDRAN S/O.DHARMAGARTHA POGARAPALLY VILLAGE KRISHNAGIRI DISTRICT.

28 M.SATHOSHKUMAR S/O.MUNIAPPAN KENGAVARAN VILLAGE MAGADEVAKOLLAHALLI KRISHNAGIRI DISTRICT.

29 SREENIVASA RAJA S/O.MUNIRATHINAM SOKKADI VILLAGE MORAMADUGU POST KRISHNAGIRI DISTRICT.

... RESPONDENT IN WP NO.6600 OF 2015 1 THE INSPECTOR OF LABOUR KRISHNAGIRI 2 N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI

3 C.RAMESH C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 4 M.THIRUKUMARAM C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 5 M.PANEERSELVAM C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 6 M.MADHU C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 7 S.PARVALLAL C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 8 A.VADIVEL C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN.

NO.2472 (CHENNAI) DHARMAPURI 9 A.RAJENDRAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 10 M.MUNIRAJ C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.

11 A.MADHU C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 12 E.RAJAMANI C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 13 C.PARAMESHWARAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 14 A.PALANI C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 15 P.VARADARAJ C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 16 P.LAKSHMANAMOORTHY C/O.N.

PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 17 S.SARAVANAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 18 T.VEDANAYAGAM C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.

19 C.CHENDRAYAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 20 T.CHIDAMPARAM C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 21 C.SETTU C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 22 CHINNASAMY C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 23 M.MAGENDRAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 24 C.KASINATHAN C/O.N.

PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 25 K.SARAVANAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 26 V.PRABULINGAM C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.

27 K.KESAVAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 28 K.KRISHNAN C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI 29 J.VADIVEL C/O.N.PERUMAL CIRCLE SECRETARY TAMIL NADU ACCOUNTS & EXECUTIVE SUBORDINATE STAFF UNION DHARMAPURI REGN. NO.2472 (CHENNAI) DHARMAPURI ... RESPONDENT IN WP NO.6601 OF 2015 1 THE INSPECTOR OF LABOUR KRISHNAGIRI 2 S.GOGULDHAS CIRCLE SECRETARY REG. NO.1200/ TRY ELEGAND TAILOR COMPLEX 62-J ARUMUGA ACHARI STREET DHARMAPURI.

3 V.ADHI S/O.VENKATACHALAM J.K.ROAD POMMANOOR PALACODE.

4 A.ARUNACHALAM S/O.ARUNACHALAM PILLAI RAMAN NAGAR UNGARANAHALLY POST YEMAKUTTLOOR DHARMAPURI. 5 V.MURUGAN VENKTAN NO.132 SEMBOORAN TEMPLE STREET PAPPIREDDIPATTY 6 R.RAJENDRAN S/O.PERUMAL ERUTHUKUTTAHALLY PALACODE TALUK DHARMAPURI.

7 A.NATARAJAN S/O.ARJUNAN SOKKANKOTTAI SEERIYAMPATTI PALACODE.

8 R.GANESAN S/O.RAMAN 2-281 MONDUKUCHI VEDAKATTAMADUVU HARUR 9 M.MURGUAN S/O.MANICKA GOUNDER PANDAVAR NAGAR UPPARAPATTI UTHAGARAI 10 S.DHARUMAN S/O.SUBBARAYA GOUDNER GENGAPRANPATTI UPPARAPATTI UTHANGARAI 11 C.PERUMAL S/O.CHINNAPAIYA GOUNDER GENGAPRANPATTI UPPARAPATTI UTHANGARAI 12 D.ARUMUGAM S/O.DURAISAMY GENGAPRANPATTI UPPARAPATTI UTHANGARAI 13 M.PRAGALATHAN S/O.MURUGA GOUNDER GENGAPRANPATTI UPPARAPATTI UTHANGARAI 14 K.BASKARAN S/O.KRISHNAN BAIRANATHAM PAPPIREDDIPATTI DHARMAPURI.

15 C.RAJAGOPAL S/O.CHINNASAMY BAIRANATHAM PAPPIREDDIPATTI DHARMAPURI.

16 D.SRIDHAR S/O.DHANDAPANI NO.8-13 BAIRAPPA MUDALIYAR STREET OLD PET KRISHNAGIRI.

17 S.VENKATESH S/O.SOMBAPPA MARUDHANDAPALLY HOSUR 18 R.THANGAVEL S/O.RAJU 8-0 RANGAMMAPETTAI PAPPIREDDIPATTY 19 P.SURESH S/O.PERUMAL KUPPANKOTTAI PALACODE

20 V.VEDIYAPPAN S/O.VETRAYAN NELAGUNDDAHALLY PALACODE DHARMAPURI.

21 K.SAKTHIVEL S/O.BANDHERI 43-3 SENGODAPATTI PALACODE 22 R.KRISHNAN S/O.RENGAN GOUNDER SENGODAPATTI PALACODE 23 MEIYAZHAGAN S/O.MADHU MAAKKAN KOTTAI PALACODE 24 S.SHAMSHEER S/O.SHEIK MASTHAN BAGALUR 25 M.KRISHNA S/O.MUNIYAPPA KOTTANGIRI VILLAGE PEDAKSIGALAPALLI SHOOLAGIRI HOSUR.

26 K.V.NAGARAJ S/O.VENKATACHALAM (LATE) KAATINAICKANTHOTTI VIA BERIGAI HOSUR 27 K.SITHURAJ S/O.VATTEPPA KUMBALAM SHOOLAGIRI HOSUR 28 K.SITTAIYA S/O.KARIYAPPA KUMBALAM SHOOLAGIRI HOSUR 29 K.SIVAKUMAR S/O.KUTTIYAPPA KUMBALAM SHOOLAGIRI HOSUR 30 T. SAMBATHKUMAR S/O.THIMMARAYAN PIREPALAYAM SHOOLAGIRI HOSUR 31 N.MUNIRAJ S/O.NAGAPPA KOTTANGIRI BETHASIGALAPALLI SHOOLAGIRI HOSUR 32 R.RAMESH S/O.RAMACHANDRAPPA KOTTANGIRI BETHASIGALAPALLI SHOOLAGIRI HOSUR

33 Y.KESAVAN S/O.YERRAPPA SIKKANAPALLI BERIGAI POST HOSUR 34 T.MUNICHANDRAN S/O.THIMMAPPA A.CHETTIPALLI POST SHOOLAGIRI HOSUR 35 P.K.LAKSHMI NARAYANAN S/O.KRISHNAPPA PUKKASAGARAM HOSUR 36 S.SATHISHKUMAR S/O.BARATHI NAGAR BERGAI POST HOSUR 37 SUNTHIRAPPA S/O.ANNAIYA DHASANAPURAM THORIPPALLI HOSUR 38 M.ROJAPPA S/O.MUNIYAPPA KUMBALAM SHOOLAGIRI HOSUR 39 B.GOVINDAPPA S/O.THETHATHMUNIYAPPA AMUTHUKONDAPPALLI BERIGAI HOSUR 40 M.DHURVISAN S/O.MALLAPPAN ALASAPALLI A.CHETTIPALLI SHOOLAGIRI HOSUR 41 C.VENKATGESAN S/O.CHOKKAPPA KOTHAKOTTAI THORIPPALLI HOSUR 42 K.RAMESH S/O.KARIYAPPA KUMBALAM SHOOLAGIRI HOSUR 43 P.KUMAR S/O.PONNUSAMY 4-570 ANNAI SATHYA NAGAR PENNAGARAM MAIN ROAD DHARMAPURI 44 S.GOVINDAN S/O.SRINIVASAN 5-1443 RANGANAYAGI ILLAM DHARMAPURI.

45 M.RAMESH S/O.MUNIYAPPAN 4-777 ANNAI SATHYA NAGART DHARMAPURI.

46 K.CHANDIRAN S/O.KRISHNAN 6-607 ANNAI SATHYA NAGAR DHARMAPURI.

47 R.PRABU S/O.RAJENDIRAN 4-554 ANNAI SATHYA NAGAR PENNAGARAM MAIN ROAD DHARMAPURI 48 P.NARAYANASAMY S/O.P.MUNIYAPPA T.KOTHAPALLI VIA PISAVAGANAHLLY POST HOSUR.

49 M.MANIVANNAN S/O.K.MURUGESAN RAGAVENDRA NAGAR BAGALUR POST HOSUR.

50 N.SRINIVASAN S/O.NARAYANAPPA BOOTHUPALLI HOSUR.

51 C.MURUGAN S/O.SIGAMANI PAZHAIYAPUTHU REDDIYUR OBINAICKALAHALLI KADATHUR 52 R.ASHOKKUMAR S/O.RAMASAMY 3/50 MAAKAKOTTAI JERTHALAV PALACODE.

... RESPONDENT IN WP NO.6603 OF 2015 Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, W.P.6595 of 2015:

Calling for the records relating to the award passed by the 1st respondent made in Pa.Mu.2844/2012 dated 07.04.2014, quash the same.

WP No.6596 of 2015 Calling for the records relating to the Award passed by the 1st respondent made in A/2542/ 2010 dated 20.7.2011, quash the same WP No.6597 of 2015 Calling for the records relating to the Award passed by the 1st respondent made in A/442/ 2011 dated 20.7.2011, quash the same WP No.6598 of 2015 Calling for the records relating to the Award passed by the 1st respondent made in A/2466/ 2010 dated 9.5.2011, quash the same

WP No.6599 of 2015 Calling for the records relating to the Award passed by the 1st respondent made in A/2843/ 2010 dated 9.5.2011, quash the same WP No.6600 of 2015 Calling for the records relating to the Award passed by the 1st respondent made in A/2516/ 2010 dated 25.2.2011, quash the same WP No.6601 of 2015 Calling for the records relating to the Award passed by the 1st respondent made in A/2410/ 2010 dated 25.2.2011, quash the same WP No.6603 of 2015 Calling for the records relating to the Award passed by the 1st respondent made in A/444/ 2009 dated 22.10.2010, quash the same. For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

(in all W.Ps) For Respondent : Mr.D.Suriya Narayanan [For R1] Additional Government Pleader (in all W.Ps) W.P.No.6595 of 2015 For Respondent :Mr.G.Anandakumar For R3 to 9, 11, 17, 26, 27, 29, 33 Mr.P.M.Jayachandran For R31, 32, 34, 35 No appearance For R2, 10, 12 to 16, 18 to 25, 28, 30, 36 to 41 W.P.No.6596 of 2015 For Respondent :Mr.G.Arulmurugan For R3 to 17, 22, 27, 29 to 31, 35 to 46, 48 to 50, 53 to 55, 62 to 68, 70 to 74, 77, 80 to 82 and 84 No appearance For R2, 18 to 21, 23 to 26, 28, 32 to 34, 47, 51, 52, 56 to 61, 69, 75, 76, 78, 79, 83, 85 and 86

W.P.No.6597 of 2015 For Respondent : No appearance For R2 to R4 W.P.No.6598 of 2015 For Respondent : Mr.P.M.Jayachandran For R5, 7, 9, 11, 12, 21, 22, 24, 26 Mr.S.Sasindran for R3 No appearance For R2, 4, 6, 8, 10,13 to 20, 23, 25 W.P.No.6599 of 2015 For Respondent : Mr.P.M.Jayachandran For R5, 6, 9, 16, 34, 36 and 37 Mr.R.Ramesh Raja For R41 No appearance For R2 to R4, 7, 8, 10 to 15, 17 to 33, 35, 38, 39 to 40 W.P.No.6600 of 2015 For Respondent :Mr.G.Anandakumar For R2 to 5, 7 to 11, 13 to 22, 25 to 27 No appearance For R6, 12, 23, 24, 28 and 29 W.P.No.6601 of 2015 For Respondent :Mr.G.Anandakumar For R5 to 8, 9 to 14, 18, 20 to 22, 26, 27 No appearance For R2 to 4, 15 to 17, 19, 23 to 25 & 29 W.P.No.6603 of 2015 For Respondent :Mr.G.Arulmurugan R4, 7, 8, 13 to 15, 19, 20, 22 to 41 49 to 52 No appearance

for R2, 3, 5, 6, 9 to 12, 16, 17, 18, 21 42 to 48 C O M M O N O R D E R These writ petitions are filed, challenging the Awards passed by the 1st respondent / Inspector of Labour made in proceedings Pa.Mu/2844/2012 dated 07.04.2014, A/2542/2010 dated 20.07.2011, A/442/2011 dated 20.07.2011, No.A/2466/2010 dated 09.05.2011, No.A/2843/2010 dated 09.05.2011, No.A/2516/2010 dated 25.02.2011, No.A/2410/2010 dated 25.02.2011, No.A/444/2009 dated 22.10.2010.

2. The writ petitioners are Tamil Nadu Electricity Board. The facts in brief contended by the writ petitioners are that the respondents/workmen filed the application before the Inspector of Labour, under Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 with a prayer that they should be conferred permanent status as workmen in the Tamil Nadu Electricity Board. The claim of the workmen were that they have completed 480 days of service and therefore, they must be granted the benefit of the respective services. It is stated that these workmen had completed 480 days of service in 24 Calendar months.

3. The writ petitioners/Electricity Board disputed the said contentions of the employees on the ground that these respondents/workmen did not figure in the list of 18,006 contract labourers prepared by the Hon'ble Justice Khalid Commission and hence, they cannot be granted with the benefit of permanent absorption under the Permanent Status Act. The petitioners/Board was not aware of the particulars of these respondents/workmen, more specifically, the date of joining, nature of work performed and they have worked for three years as 480 days within the continuous period of 24 calendar months. The respective Assistant Engineers gave certificates only to those contract labourers, who had worked under the contractors.

Thus, the contention of the workmen is that the Assistant Engineer concerned had extracted work from the contract labourer, is false and incorrect. It is contended that there is no record in possession of the Tamil Nadu Electricity Board to show that the respondents/workmen have worked 480 days in 24 calendar months as per their claim. Some of the works of the respondents/workmen were performed through award of tenders to the contractors and the amounts are paid to the respective contractors. The wages as applicable were not paid directly to the workers to the Tamil Nadu Electricity Board. Thus, the claim of the respondents/workmen cannot be entertained at all.

4. The learned counsel appearing on behalf of the writ petitioners/Board stated that for grant of permanent absorption, the Tamil Nadu Electricity Board is bound by their own service regulations, which will prevail over the general laws. The legal principles to be followed is that, whenever there is a special enactment regarding the service regulations or rules of a "State", then the said service regulations will prevail over the general laws. The service regulations of the Tamil Nadu Electricity Board confirmed under Section 79 of the Electricity Supply Act, 1948 will hold goods in respect of the grant of benefits to the employees of the Tamil Nadu Electricity Board and the said regulations will prevail over all other general laws. Thus, the very application of the Conferment of Permanent Status Act, made by the workmen are untenable. The provisions of the Conferment of Permanent Status Act would not be applicable in such cases, where the special enactments are in force.

5. In the present cases, the service conditions were formulated by the Board by virtue of the powers conferred under Section 79 of the Electricity Supply Act, 1948. Therefore, the service regulations framed under the special statute will prevail over the general laws and therefore, this Court is of the considered opinion that the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen Act, 1981) is not applicable in respect of the employees, who all are claiming to be the servants of the Tamil Nadu Electricity Board.

6. The scheme of the service regulations issued by the Tamil Nadu Electricity Board is akin to that of the service condition formulated by the Government of Tamil Nadu to its employees. It is pertinent to note that the reservation in appointments are provided in the service regulation, which is a constitutional mandate. The mode of recruitment and the communal rotations, rosters are also contemplated under the service regulations. In the event of granting such permanent absorption without reference to the Rules & Regulations, the same would be in violation of the constitutional mandates and its provisions. The benefit of regularization or permanent absorption are ought to be granted strictly in accordance with the recruitment Rules in force.

The Regulations are constituted by virtue of the powers conferred to the Competent Authorities under the Electricity Act. The service regulation, which all are in force, are akin to that of the service rules as applicable to the Government employees in the Government of Tamil Nadu.

therefore, the said service regulations will prevail over the general laws and the regulations are to be applied for the purpose of grant of regulation on permanent absorption.

7. It is relevant to cite the judgements of the Division Bench of this Court in the case of "L.Justine Vs. Registrar of Co-operative Societies" reported in "2003 (1) L.L.N. 315". The Division Bench framed the Issue No. (ii) as follows :- "13. The Permanency Act of 1981 is also an Act enacted by the State and received the President's assent. Section 3 of the Act contains non obstante clause and provides protection to workmen, who are in continuous service for a continuous period of 480 days in a period of 24 calendar months in an industrial establishment, thus conferring a status of permanency.

'Industrial establishment' is defined in subSection (3) of Section 2 of the Act and in clause (e) thereof, an ' establishment' as defined in clause 2 (6) of the Tamil Nadu Shops and Establishments Act, 1947, is defined to be an industrial establishment. If we go to Section 2 (6) of the Tamil Nadu Shops and Establishments Act, it is clear that the word 'establishment' therein takes in cooperative society also. As such, there cannot be any doubt regarding the applicability of the Permanency Act of 1981. The word, 'industry' defined in Section 2 (j) (q) under the Industrial Disputes Act, 1947 also makes the cooperative societies susceptible to the Act of 1947. Thus, all such workmen belonging to a class and are afforded protection, are entitled for the benefits of the Permanency Act of 1981 as also the Industrial Disputes Act of 1947."

8. With reference to the above issue, the Division Bench made an observation that "The provisions of either the Permanency Act of 1981 or of the Industrial Disputes Act, 1947, cannot also be pressed into service when the appointments are ipso facto illegal and unauthorized. We cannot accede to the contention that even if the appointment is illegal and unauthorized, merely on the passage of time and completion of the stipulated period of 480 days under the Permanency Act, 1981 or 240 days under the Industrial Disputes Act, 1947 an indefeasible right accrues to an employee. Such an argument is clearly untenable.

9. In paragraph No.16 of the said judgement, the Division Bench made an observation that "There is a lot of difference between the irregularity and illegality. The appointments here are not irregular but illegal. Irregular is something which is done in an authorized manner but while doing so, there is some procedural irregularity. Illegality is altogether different. An action is illegal if it is contrary to law. The law in the instant case is so clear that the appointments cannot be beyond the permissible cadre strength."

10. This Court would like to consider the legal principles settled by the Constitution Bench of the Hon'ble Supreme Court in the case of "Secretary, State of Karnataka and others Vs. Umadevi and others" reported in "(2006) 4 SCC 1". The Constitution Bench also reiterated that the benefit of regularization or permanent absorption cannot be granted in violation of the recruitment Rules in force.

11. Let us look into the spirit of the judgement little later. Coming back to the judgement of the Division Bench in the case of "L.Justine Vs. Registrar of Co-operative Societies" is that the matter went to the Apex Court and in the case of "Uma Rani Vs. Registrar of Co-operative Societies" reported in "(2004) 7 SCC 112", the Apex Court also confirmed the views of the Division Bench in the case of "L.Justine Vs. Registrar of Co-operative Societies" and more specifically in paragraph Nos.24 to 41 are extracted hereunder :- "24. Let us now consider the extent to which the provisions of the 1981 Act would apply to the fact of the present case.

25. The 1981 Act applies only to industrial establishments. Industrial Establishment has inter alia been defined to mean "an establishment as defined in clause (6) of Section 2 of the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act 36 of 1947)".

26. Establishment has been defined in Section 2

(6) of the Tamil Nadu Shops and Establishments Act, 1947 as under:

"2. (6) 'Establishment' means a shop, commercial establishment, restaurant, eating house, residential hotel, theater or any place of public amusement or entertainment and includes such establishment as the State Government may by notification declare to be an establishment for the purpose of this Act."

27. Mr. Balakrishnan urged that the cooperative societies are Commercial Establishments.

28. Whether a Cooperative Society would be a commercial establishment or not would essentially be a question of fact. It cannot be said keeping in view the legislative intent that all cooperative societies would be 'commercial establishments' within the meaning of the Tamil Nadu Shops and Establishments Act, 1947. It, therefore, appears that the impugned Government Order has been issued by the State without proper application of mind. It has furthermore not been stated in the impugned Government Order that all the cooperative societies are commercial establishments within the meaning of Section 2(6) of the Tamil Nadu Shops and Establishments Act, 1947.

29. The Cooperative Societies and the Land Development Banks are governed by the statutes under which they have been created as also the Rules and bye laws framed thereunder. The cooperative societies are obligated to follow the cooperative principles as laid down in the Act and the Rules framed thereunder.

30. The State had framed rules in exercise of its power conferred upon it under Section 180 of the 1983 Act in the year 1988. Rule 149 of the 1988 Rules provides for a complete code as regard the mode and manner in which appointments were required to be made and the process of appointments is required to be carried out. In terms of the said Rule, requirements to possess educational qualification and other qualifications had been laid down. One of the essential qualifications laid down for holding certain posts is 'undergoing cooperative training and previous experience'.

31. At this juncture, we may notice some of the provisions contained in Rule 149 of the 1988 Rules.

32. Sub-rule (3) of Rule 149 read as under:

"149. (3)(a) No appointment by direct recruitment to any post shall be made except by calling for from the societies applications from their employees who possess the qualifications for the post and unless the Government have accorded special sanction for recruitment by advertisement in dailies, by also calling for a list of eligible candidates from the Employment Exchange.

(b) Where the Employment Exchange issues a non-availability certificate or the Government have

accorded special sanction for recruitment by advertisement in dailies, the society shall invite applications from candidates including those working in other societies by advertisements in one English daily and two Tamil dailies having circulation within the area of operations of the society approved by the Government for the purposes of issue of Government advertisements.

(c) Every appointment by direct recruitment shall be made by holding written examination and interview or by holding only interview as decided by the board and on the basis of the rank given with reference to the marks obtained in the written examination, if any, and the marks awarded in the interview:

Provided that nothing contained in this sub-rule shall apply to any of the posts for the recruitment of which a Recruitment Bureau has been constituted under section 74 or in respect of which common cadre of service has been constituted under section 75;

Provided further that nothing contained in this sub- rule shall apply to appointments of dependents of the employees of any society who died or medically invalidated while in service."

33. Sub-rule (4) of Rule 149 mandates that no person shall be appointed to the service of a society if he has on the date on which he joins the post, attained the age of thirty years and in the case of persons belonging to Scheduled Castes and Scheduled Tribes thirty-five years.

34. Sub-rule (25) of Rule 149 provides that the principle of reservation of appointment for Scheduled Castes/ Scheduled Tribes and Backward Classes followed by the Government of Tamil Nadu for recruitment to the State shall apply.

35. No appointment, therefore, can be made in deviation of or departure from the procedures laid down in the said statutory rules.

36. The terms and conditions of services are also laid down in the said rules.

37. The 1983 Act was furthermore amended in the year 1995 providing for cadre strength which is directly relatable to the income of the cooperative societies.

38. Provisions of the Act and the Rules framed thereunder reflect the legislative recruitment policy. The said provisions are, thus, mandatory in

nature.

39. Regularisation, in our considered opinion, is not and cannot be the mode of recruitment by any "State" within the meaning of Article 12 of the Constitution of India or any body or authority governed by a Statutory Act or the Rules framed thereunder. It is also now well-settled that an appointment made in violation of the mandatory provisions of the Statute and in particular ignoring the minimum educational qualification and other essential qualification would be wholly illegal. Such illegality cannot be cured by taking recourse to regularisation. (See State of H.P. Vs. Suresh Kumar Verma and Another, (1996) 7 SCC 562).

40. It is equally well-settled that those who come by backdoor should go through that door. (See State of U.P. and Others Vs. U.P. State Law Officers Association & Others, (1994) 2 SCC 204)

41. Regularisation furthermore cannot give permanence to an employee whose services are ad-hoc in nature."

12. In the case of "Secretary, State of Karnataka and others Vs. Umadevi and others" [hereinafter referred to as "Umadevi case"] the Constitution Bench also reiterated by holding that equal opportunity, being a constitutional mandate, the irregular or illegal appointments cannot be confirmed. The persons entered into public services through back door, must be allowed to go from the door which through they have entered into. Contrarily, mere length of service cannot be taken as a ground for granting the benefit of regularization of permanent absorption. Thus, engaging an employee in an illegal or irregular manner by some authorities or the engagement is through some contractors, then they cannot claim permanent status in service by virtue of the general Act viz., the Conferment of Permanent Status to Workmen Act, 1981 and such a claim cannot be considered by the authorities concerned as well as by the High Court. In such circumstances, the entire constitutional scheme is violated.

13. The Constitutional scheme of appointments ought to be followed scrupulously by the authorities competent, while undertaking the process of selection and appointment. In the event of engaging persons on temporary or casual basis, thereafter, granting the benefit of confirmation in violation of the service regulation, undoubtedly is in violation of the

Constitutional scheme of appointments and such a situation would amount to an unconstitutional act and therefore, the Court cannot consider such benefit of regularization on regularization or permanent absorption, merely on the ground that they have completed 480 days of service or for a considerable length of time.

14. The learned counsel appearing on behalf of the writ petitioner contended that the Tamil Nadu Electricity Board is not an Industrial Establishment defined under the provisions of the Act itself. Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 states that the Act applies to every industrial establishment.

(1) of section 2 of the Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958); or (g) any other establishment which the Government may, by notification, declare to be an industrial establishment for the purpose of this Act."

15. Relying on the above provisions, the petitioner states that the Act itself is not applicable in respect of the employees of the Tamil Nadu Electricity Board Act. If they are working in an Industrial Establishment, as defined under Section 2(3) of the Act, then alone the Act would be applicable.

16. The benefit of regularization of these contract labourers were earlier granted by the Tamil Nadu Electricity Board, pursuant to the recommendations of Justice Khalid Commission long back and subsequently, such confirmations are granted strictly in accordance with the terms and conditions of the 12(3) Settlement and not otherwise. This being the procedures followed for grant of confirmation, the Inspector of Labour is mechanically passing such order of confirmation of permanent status without reference to the legal grounds raised by the writ petitioners, even before the Inspector of Labour.

17. All appointments by the 'State' must be made only under the Constitutional scheme and by providing equal opportunity to all the eligible candidates, who all are aspiring to secure public employment through open competitive process. It is not as if, the authorities can recruit the persons at their whims and fancies or of their choice and after allowing such employees to work for a considerable length of time, then provide confirmation, regularization or permanent absorption, which is otherwise in violation of the service Rules of the Tamil Nadu Electricity Board.

Such a practice would amount to unconstitutionality and further, the equality clause enunciated in the Constitution is defeated. Lakh and lakh of youth of this great Nation are burning their midnight lamp for securing public employment by participating in the open competitive process.

The constitutional right of all these eligible candidates cannot be denied or deprived by the State or its authorities. In the event of denial of such constitutional rights of all eligible candidates, the entire appointment becomes unconstitutional and in violation of the Constitutional mandate.

18. This being the view to be adopted, this Court is of an opinion that it is not as if the employees can claim confirmation merely on the ground that they have served for 480 days, which is otherwise in violation of the service regulation constituted by virtue of the powers conferred under the Electricity Act, which would prevail over the general laws. The service regulations are constituted under the Constitutional scheme more specifically by providing Rules of reservation, communal rotations and other reservations for the priority categories. In the event of granting confirmation in the routine manner in respect of these employees, the Constitutional Right of all other eligible candidates to participate in the recruitment process is not only defeated but their rights are infringed. Thus, the orders of the Inspector of Labour are in violation of the constitutional scheme of appointment as well as

in violation of the service regulations issued by the Tamil Nadu Electricity Board by virtue of the powers conferred under the Electricity Act and such service regulations are apparently on par with the service regulations of the Government employees of the Government of Tamil Nadu.

19. The practice now prevailing in respect of grant of permanent absorption in Government Departments as well as in the Boards and Corporations are that the Contract Labourers / Temporary employees / Daily Wage employees, on completion of 240 days of services or 480 days of services, approaching the Inspectors of Labour, under the provisions of the Conferment of Permanent Status Act. The Inspector of Labour is also not considering the legal implications and the principles settled by the Constitutional Courts. They are routinely passing orders, granting Conferment of Permanent Status by verification of certain service certificate or the Attendance Registers. Few set of employees are directly filing writ petitions before the High Court under Article 226 of the Constitution of India.

The High Courts also on some occasions, issuing directions to consider their representation. Such directions would do no service to the cause of Justice. Those litigants are back again before the Court by way of another writ petition. Ultimately, these back door appointees were attempting to get regularization and permanent absorption, one way or other in an irregular manner by abusing the process of law or on extraneous considerations before the authorities competent. Such a practice undoubtedly would amount to violation of the Constitutional mandates and further, infringed the rights of all other eligible citizens, who all are aspiring to secure public employment through open competitive process in accordance with the recruitment rules in force.

20. Uniformity in appointments, more specifically, in public services are to be scrupulously maintained by the authorities competent. The prevailing situation is that the authorities, at their whims and fancies and by way of Favouritism and Nepotism, engaging such Contract Labourers / Temporary employees and allowing them to continue even after the expiry of the project or for a considerable length of time by providing a false hope and those labourers are approaching the Inspector of Labour or the High Courts or the Government for regularisation and permanent absorption.

21. The Courts have repeatedly held that the terms and conditions of the appointments as far as the Government departments, Boards and Corporations are concerned, it must be unambiguous and clear. Ambiguity would create unnecessary issues

and would result in unconstitutionality. Thus, terms and conditions of appointment, even if a temporary appointment or a Contract appointment to fulfill the needs of the project or the scheme, must be specific and the employee must understand that he cannot claim any right, over and above the terms and conditions, which he had accepted at the time of appointment. This exactly the reason why the Constitution Bench also reiterated that the Back door appointments must be stopped at once. In paragraph 54 of the 'Umadevi Case', the Constitution Bench in unequivocal terms, held that any other judgment running counter to the principles laid down in 'Umadevi Case' are denuded to loose its status as a Precedent. Thus, those judgments rendered subsequently can have no binding effect for the purpose of granting the relief of regularisation or permanent absorption.

22. Large number of writ petitions are filed even before the High Court based on the orders passed by the Inspector of Labour under the provisions of the Conferment of Permanent Status Act. Perusal of those orders reveal that none of the legal grounds as well as the judgments of the Constitutional Courts were considered by the Inspectors of Labour. Contrarily, they are passing orders in a mechanical manner and based on which, the Contract Labourers are claiming permanent absorption. No doubt, the Courts sometimes, may take a lenient view, considering the plight of these Contract Labourers. Equally, the Courts are bound to consider the Constitutional rights of all other young people of this great Nation, whose rights are infringed. Those young people of this great Nation will get frustrated.

If the appointments to the public services are not regulated and, if back door appointments are allowed to be continued, then the very constitutional scheme of appointments are diluted and thereby, we are creating an unconstitutionality in perpetuity; where young minds will lose their hope for their future. Thus, this Court is of an opinion that such a practice of granting confirmation of services must be stopped. All appointments are to be regulated. Appointments are to be made only under the constitutional schemes. Equal opportunity in public employment is the Constitutional mandate. All eligible persons must be provided with an opportunity to secure employment through recruitment process. The appointments are to be made by following the Rule of Reservations.

As per the rules, all these aspects are to be scrupulously followed, then only the system of Constitutional scheme of appointments can be restored in its entirety and all such irregularities, illegalities in appointments can be stopped at once.

23. In the present writ petitions on hand, the Contract labourers were engaged by the Private Contractors and the Tamil Nadu Electricity Board entered into an agreement with those Private Contractors. However, a one time measure was taken to confirm the services of these Contract labourers, who were engaged by Private Contractors. However, there is no possibility of merit assessment. There is no possibility of implementation of Rule of Reservation or other recruitment rules. If large scale such appointments are made, then Rule of Reservation is violated. Constitutional provisions are violated and most importantly, the efficiency level in public administration is compromised. Neutralizing the effective public administration is unconstitutional.

The Constitution itself contemplates that efficiency level in public administration must be maintained. Only if the appointments are regulated in accordance with the constitutional schemes, then alone, the efficiency level in public administration can be maintained. Therefore, all such back door appointments are to be stopped and grant of Conferment or Permanent absorption now cannot be granted in violation of the legal principles settled by the Constitution Bench of the Apex Court of India.

24. This Court also reiterated in many number of judgments that all such back door entries must not be considered for the purpose of granting confirmation. However, in respect of the Contract labourers of the Electricity Board, Justice Khalid Commission has made certain recommendations 28 years back. Those recommendations were implemented and the eligible Contract Labourers were granted with the benefit of Confirmation. Now, after a lapse of more than 28 years, the same recommendations cannot be continued for the purpose of granting confirmation of services. Eligible candidates during the relevant point of time were shortlisted and the benefit of confirmation was extended and therefore, the said benefit cannot be extended indefinitely even after a lapse of three Decades. Thus, this Court is not inclined to grant any such relief of regularization, permanent absorption or confirmation of services as the same is in violation of the Constitutional principles as well as the legal Precedent settled by the Constitution Bench of the Hon'ble Supreme Court of India.

25. In the present cases, the applications were filed before the Inspector of Labour and the grounds raised by the writ petitioners in respect of the application of the Act as well as the service regulations in force in the Tamil Nadu Electricity Board were not considered and the Inspectors of Labour has passed the orders without considering all these legal grounds

and thus, this Court has no hesitation in coming to the conclusion that the orders of the Inspector of Labour is perverse and not in consonance with the legal principles settled by the constitutional Courts across the country as well as by the Apex Court of India.

26. However, it is made clear that the case of the writ petitioners are also to be considered with reference to the judgment of the Hon'ble Division Bench of this Court rendered in the case of Superintending Engineer, Nagapattinam Electricity Distribution Circle Vs. Inspector of Labour, Pedari Koil Street, Thiruvarur, reported in 2009 (4) MLJ 472 and the 12(3) Settlement dated 10.08.2007 and also in the light of B.P. (Chairman)No.9, Administrative Branch, dated 09.01.2008. If the petitioners are otherwise eligible and qualified with reference to the terms and conditions of the 12(3) Settlement as well as the Board proceedings, their cases are to be considered by verifying the eligibility criteria and other requisite qualifications as prescribed in the above orders.

27. Under these circumstances, the Awards passed by the 1st respondent / Inspector of Labour made in proceedings Pa.Mu/2844/2012 dated 07.04.2014, A/2542/2010 dated 20.07.2011, A/442/2011 dated 20.07.2011, No.A/2466/2010 dated 09.05.2011, No.A/2843/2010 dated 09.05.2011, No.A/2516/2010 dated 25.02.2011, No.A/2410/2010 dated 25.02.2011, No.A/444/2009 dated 22.10.2010 are quashed and all the writ petitions stand allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar kak To The Inspector of Labour, Krishnagiri.

+1 CC to Mr.K. Sasindran, Advocate sr 85899 +2 CCS to Mr.G. Arulmurugan, Advocate sr 85923, 85924 +3 CCS to Mr.G. Ananda Kumar, advocate sr 85708

+2 Ccs to Mr.P.M. Jayachandran, Advocate sr 86132, 86131 +8 Ccs to M/s.T.S. Gopalan & Co, sr 86175, 86173, 86177, 86176, 86178, 86180, 86179, 86181.

W.P.Nos.6595 to 6601 & VSNII(CO) SP(12/12/2019)