The Managing Director v. Mangalakshmi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2018
CORAM
THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.Nos.13051 to 13057 of 2013 and M.P.Nos.1 & 2 to 2 of 2013 W.P.No.13051 of 2013 1.Mangalakshmi 2.Anjalakshmi 3.Pachaiammal 4.Mary 5.The Inspector of Labour, the records relating to the order made in Case No.5214 of 2009 dated 11.07.2012 on the file of the 5th respondent/Inspector of For RR1 to 4 R5 W.P.No.13052 of 2013
... Petitioners 1.Lakshmi the records relating to the order made in Case No.1071 of 2012 W.P.No.13053 of 2013 ... Petitioners 1.Mayavan 2.Manickam 3.Chandra 4.Meera 5.The Inspector of Labour, the records relating to the order made in Case No.407 of 2010 dated 11.07.2012 on the file of the 5th respondent/Inspector of
For RR1 to 4 R5 W.P.No.13054 of 2013 1.Jeyakodi the records relating to the order made in Case No.405 of 2010 W.P.No.13055 of 2013 Cuddalore Region, Coimbatore.
... Petitioners 1.Uma 2.Rani 3.Veerammal 4.The Inspector of Labour,
the records relating to the order made in Case No.5215 of 2009 dated 11.07.2012 on the file of the 4th respondent/Inspector of For RR1 to 3 R4 W.P.No.13056 of 2013 1.Rani ...
Respondents the records relating to the order made in Case No.406 of 2010 W.P.No.13057 of 2013 Cuddalore Region, Coimbatore.
1.Chandra 2.Muthulakshmi 3.Gundukanni 4.The Inspector of Labour, the records relating to the order made in Case No.5216 of 2009 dated 11.07.2012 on the file of the 4th respondent/Inspector of For RR1 to 3 R4 ****** C O M M O N O R D E R These writ petitions have been filed, challenging the order of the Inspector of Labour, Cuddalore. Since similar question of law and facts are involved, they are heard together and disposed of by this common order. It appears that the writ petitions have been filed by the Tamil Nadu Civil Supplies Corporation Limited, challenging the orders dated 11.07.2012, passed by the Inspector of Labour, granting permanent status to the private respondents under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.
According to the writ petitioners, since the private respondents were not employed by the petitioner, the impugned order passed is liable to be set aside. The same has been contested by the private respondents by filing a counter affidavit in all the writ petitions with the averment that the same is without any substance in as much as they were employed directly by the Tamil Nadu Civil Supplies Corporation Limited as sweepers, load man etc.
2. It is contended by the learned counsel appearing for the workmen/respondents in all the writ petitions, who are the contesting respondents, that this case is squarely covered by Judgment of this Court rendered in W.P.Nos.27249 & 27250 of 2005 dated 16.06.2008, wherein, the contention of the petitioner challenging such order of the Labour Inspector has been rejected and the order of Labour Inspector granting permanent status has been confirmed. The same is not disputed by the learned counsel
appearing for the writ petitioner.
3. In such view of the matter, this Court finds no substance in the writ petition filed challenging the order passed by the Labour Inspector and accordingly, the same is dismissed. However, no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-ii) //True Copy// Sub Assistant Registrar rsi/abr To The Inspector of Labour, Cuddalore.
+1cc to Mr.SAI BHARATH, Advocate, S.R.No.11882 +1cc to Mr.C.MUNUSAMY, Advocate, S.R.No. 11938 W.P.Nos.13051 to 13057 of 2013 and M.P.Nos.1 & 2 to 2 of 2013 LRS(CO) TR(07/03/2018)