THE SPECIAL OFFICER, THE TIRUNELVELI CO-OPERATIVE PRINTING WORKS LIMITED, TIRUNELVELI Vs. THE DEPUTY CHIEF INSPECTOR OF FACTORIES, TIRUNELVELI,

JUDGEMENT

(1.) THE petitioner is the Special Officer, Tirunelveli Co -operative Printing Works Limited, Tirunelveli. Respondents 2 to 18 filed a petition before the first respondent under Section 3 of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 and Rule 6(4) of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Rules, 1981 (hereinafter referred to as "the Act" and "the Rules") seeking for regularisation of their services. Pursuant to the said petition, notice was issued calling upon the petitioner to submit the documents. Accordingly, the petitioner submitted the documents relating to the service particulars of the respondents 2 to 19. The first respondent after considering the documents produced by the writ petitioner came to the conclusion on merits that all the workmen viz., respondents 2 to 19 have completed 480 days of service in 24 calender months. Accordingly, the first respondent issued directions to the writ petitioner under Rule 6(4) of the Rules for regularisation of service by order dated 13.10.98. The said order of the first respondent has been challenged in this writ petition.

(2.) MR . K.Srinivasan, learned counsel for the petitioner submitted that the first respondent has decided the entire matter based upon the records produced by the petitioner alone without conducting any enquiry and without sufficient opportunity to the petitioner. Hence, the learned counsel submitted that the impugned order is liable to be set aside. The learned counsel further submitted that the petitioner is a co -operative society which cannot be considered as an Industry and therefore, the provisions of the Act and the Rules are not applicable to the petitioner society.

(3.) I have given my due consideration to the respective submissions of the learned counsel. The role of the Inspector under the provisions of "the Act" and "the Rules" came up for consideration before a Division Bench of this Court in "METAL POWDER CO. LTD., TIRUMANGALAM AND ANOTHER v. THE STATE OF TAMIL NADU AND ANOTHER . In the said judgment, the Division Bench has held as follows: -