The Superintending Engineer, v. Inspector Of Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 250 of 2018 and W.M.P.No.311 of 2018 The Superintending Engineer, Villupuram Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Villupuram.

...Petitioner

Vs 1.Inspector of Labour, (Authority under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 Villupuram.

2.Thiru.K.Prakash 3.Tmt.P.Poorani ... 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 in Proceedings Pa.Mu.No.A/497/2015, dated 22.06.2017, quash the same.

For Petitioner :Mr.G.Anand For M/s.T.S.Gopalan & Co.

For R1 :Mrs.A.Sri Jayanthi Special Government Pleader For R2 & R3 Mr.V.Elangovan

O R D E R

The relief sought for in this writ petition is to call for the records of the First Respondent in Proceedings Pa.Mu.No.A/497/2015, dated 22.06.2017, quash the same. 2.The learned counsel appearing on behalf of the workmen 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 writ petitioner/ management is 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 workmen also agreed and filed a memo stating that the case of the workmen may be considered by the writ petitioner/ management in terms of the B.P.No.9 dated 09.01.2008. 4.

In this view of the matter, the workmen are permitted to submit fresh representations to the writ petitioner/ management, within a period of three(3) weeks from the date of receipt of a copy of this order, along with all necessary documents establishing their engagement as contract labourers. In the event of receiving any such representation from the workmen, 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 (12) 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 first respondent /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 order passed by the Inspector of Labour need not be given effect to.

6.Accordingly, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. However, there is no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak

To 1.Inspector of Labour, (Authority under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 Villupuram.

+1cc to M/s.T.S.Gopalan & Co, Advocate sr.no.31410 W.P.No. 250 of 2018 nr 07/06/2018