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Madras High CourtWP/37951/2016closed

The Management, Tamilnadu v. The Inspector Of Labour

2026-01-06Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P No. 32547 of 2016 The Management, Tamilnadu State Transport Corporation (Villupuram) Limited., Head Office, Thiruvannamalai Region, Bye Pass Road, Vengikal, Thiruvannamalai.

Rep. by its General Manager.

Petitioner Vs

1. The Inspector of Labour, Authority under Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, (Tamilnadu Act 46 of 1981), Thiruvannamalai.

2.R.Radhakrishnan Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, to call for the records of the order passed by the first respondent in Na.Ka.No.E/1294/2015 dated 30.10.2015 and to quash the same as illegal.

For Petitioner:

Mr.M.Aswin For R1:

Mr.S.Senthil Murugan Special Government Pleader For R2 Mrs.V.Porkodi

ORDER

This writ petition challenges the order passed by the Inspector of Labour/first respondent with reference to conferment of permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status on Workmen) Act.

2. By the said order, the workman was directed to be conferred permanency within 480 days of his initial service starting from 17.09.1987. Even though the management is challenging the said order, when the matter came up for hearing, it was brought to the notice of this Court that subsequently, in yet another disciplinary proceeding, the workman has been dismissed from service and the order remains unchallenged. Only if the workman challenges the dismissal order and the same is set aside by any forum in the manner known to law, the present cause of action would become relevant. As on date, it is not necessary for the management to challenge the present order.

3. In view of the same, liberty is kept open to the management to once again represent before this Court by way of an appropriate application and to take up the matter for hearing if necessity arises, in the event, the dismissal order passed against the workman is set aside, the cause of action gets revived.

4. In view of the above, the writ petition stands closed. Consequently, connected miscellaneous petition is closed. No costs. 06-01-2026 nsl To The Inspector of Labour, Authority under Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, (Tamilnadu Act 46 of 1981), Thiruvannamalai.

D.BHARATHA CHAKRAVARTHY J.

nsl 06-01-2026