MANAGING DIRECTOR, TAMIL NADU WATER SUPPLY & DRAINAGE BOARD AND ORS Vs. INSPECTOR OF LABOUR, THENI AND ORS

JUDGEMENT

(1.) These two writ appeals arise out of the orders of the learned Single Judge, dated 19.11.2009, made in W.P.(MD)Nos.4205/2005 and 6000/2005, whereby the learned single Judge declined to interfere with the award passed by the 1st respondent herein directing conferment of permanent status upon the contesting respondents/employees.

(2.) Brief facts are that Tamilnadu Water Supply and Drainage Board (in short "TWAD Board") is to execute water supply schemes in the State at the instance of the Government. After the completion of the scheme, the same will be handed over to the local bodies concerned for maintenance, along with staff. The Government found that the schemes were not properly maintained by the local bodies and hence those schemes were handed over to TWAD Board, pursuant to the Government's Instructions issued in G.O.(O)454, dated 22.08.1995, without workmen attached to the Scheme, for further maintenance by TWAD Board. G.O.Ms.No.261, Municipal Administration and Water Supply Department, dated 14.10.1996, was issued by the Government for appointment of persons on consolidated basis, with annual increment at 10% of their pay, for a period of five years, in the category of Electrical Superintendent, Electrician, Fitters, Maintenance Assistants, etc. The persons who had been working with the local bodies and drawing honorarium pay were appointed only for a period of five years.

(3.) The contesting respondents/employees in both the writ appeals were also appointed, pursuant to the said G.O.Ms.No.261, dated 14.101996, way-back in 1998 and were working in TWAD Board's Water Schemes. The contesting respondents/employees filed petitions before the 1st respondent seeking to confer permanent status on the ground that they have completed 480 days of service. Before the 1st respondent, the official witness, spoken on behalf of TWAD Board, has stated that recommendations were made to the higher authorities concerned for appointing the contesting respondents on permanent basis, on the ground that they have completed 480 days. Based on the said statement of the official witness, the 1st respondent passed awards directing TWAD Board to confer permanent status on the contesting respondents/employees from the date on which they have completed 480 days of continuous service.