N.L.C. INDCO SERVE THOZHILALAR UZHIYAR SANGAM, NEYVELI, REP. BY ITS PRESIDENT, N. NARAYANAN Vs. NEYVELI LIGNITE CORPORATION, REPRESENTED BY THE CHAIRMAN, NEYVELI LIGNITE CORPORATION, NEYVELI,

JUDGEMENT

(1.) The petitioner, a registered Trade Union, has filed this writ petition for issuance of a Writ of Mandamus forbearing the first respondent from absorbing any contract labour or any other employee either permanently or temporarily in the Corporation without following the seniority either as contract labour or directly under the first respondent, with a further prayer for a direction to the first respondent to absorb and regularise the members of the petitioner Union as employees of the first respondent Corporation.

(2.) It is not disputed that the first respondent is a public sector undertaking. The Corporation is engaging various contractors for undertaking some of the works of the Corporation. While many workers were engaged through such contractors, a Society styled as "N.L.C. Industrial Co -operative Services Society Limited" (in short referred to as N.L.C. INDCO SERVE) was formed. The object of the society is to take and execute various items of work entrusted to it by the Corporation, within its area of operation and to provide employment to its members/workers.

(3.) It is the claim of the petitioner that nearly 1000 employees and the members of the petitioner Union are also members of the aforesaid society. It is asserted that the aforesaid society must be taken to be a wing of the Corporation and considered as a "State" within the meaning of Article 12 of the Constitution of India.