K.N.PALANISAMY Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) The present Writ Petitions are heard through Video Conferencing on 23/8/2021.

(2.) In all these Writ Petitions, the issue involved is, as to whether the workman is entitled to claim permanency with effect from the completion of 480 days in a period of 24 calendar months in accordance with the order of the authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 [hereinafter referred to as "the Act"] or whether the subsequent Government Orders regularizing the services of the workman from a different date, would prevail?

(3.) The workman namely, K.N.Palaniswamy herein had joined the services of the Management viz., Erode District Co-operative Society Milk Production on 25/6/1987 and on 27/2/1997, the authority under the Act had conferred permanency to the workman with effect from 1/12/1989 i.e., from the date of his completion of 480 days in 24 calendar months. On 18/9/2000, the Government had issued G.O.(Ms) No.146, Animal Husbandry and Fisheries Department, permitting the Management to regularize the workman, in continuation of which the Commissioner for Milk Production had issued orders on 6/10/2000, regularizing the petitioner/workman services with effect from the date of issuance of the said Government Order. In this background, the Management had passed an individual order dtd. 16/12/2000, granting permanency to the workman from 18/9/2000. This order dtd. 16/12/2000 came to be challenged by the workman in W.P.No.5293 of 2001 and this Court by its order dtd. 9/7/2001, dismissed the Writ Petition with liberty to the workman to challenge G.O.(Ms) No.146 dtd. 18/9/2000. In the meanwhile, based on a claim petition in C.P.No.115 of 2000, the Labour Court computed the difference in wages through its order dtd. 31/10/2002, by way of giving effect to the order of the authority dtd. 27/2/1997. The workman filed another claim petition in C.P.No.303 of 2003, claiming difference in wages subsequent of C.P.No.115 of 2000 and by an order dtd. 28/3/2006, the Labour Court dismissed the claim of the petitioner for the difference in wages. Both the Management and the workman have challenged the original order of the Labour Court passed in C.P.No.115 of 2000 dtd. 31/10/2002 in W.P.No.10948 of 2003 and W.P.No.37613 of 2003 respectively. The Government order in G.O.(Ms) No.146 dtd. 18/9/2000 and the subsequent orders of the Commissioner for Milk Production dtd. 6/10/2000 and the individual order of the Management dtd. 16/12/2000, giving permanent status to the workman from the date of the Government Order, is put under challenge in W.P.No.25823 of 2006.