SUPERINTENDING ENGINEER ELECTRICITY DISTRIBUTION TAMIL NADU ELECTRICITY BOARD COIMBATORE Vs. INSPECTOR OF LABOUR COIMBATORE

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner is Superintending Engineer, Coimbatore Electricity Distribution Circle, Tamil Nadu Electricity Board, Coimbatore. Aggrieved by the Award passed by the Inspector of Labour, Coimbatore in Claim Numbers Na.Ka.94710 dated 15.2.1999, the present Writ Petition has been filed.

(3.) THE authority rejected both the contentions. He held that under section 2(4) of the Act (T.N.Act 46 of 1982), there is no difference between temporary and permanent employees and they are bound to work for cleaning toilets and the office place and it was their regular job and the work will have to be done before the start of the office and hence they cannot be held to be a part-time employees. THE authority also inspected the documents and found that all the contesting respondents have worked more than 480 days. It was also recorded that the Executive Engineer by his letter dated 7.11.1998 and from the Board Proceedings No.95 dated 14.10.1998, even the part-time employees are eligible for grant of permanent status. It is in that view of the matter, the authority granted a declaratory relief that the workmen are entitled for permanency in terms of Section 3(1) of the Act. In respect of the objections made regarding Rajamani and Baby, the authority found that subsequent to the filing of the application they would have completed 480 days and they are also eligible for the benefit under the Act. It is against this order, the present Writ Petition has been filed by the Board.