MANAGEMENT OF TIRUCHENGODE AGRICULTURAL PRODUCERS COOPERATIVE MARKETING SOCIETY LTD Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) THE Management of Tiruchengode agricultural Producers Co-operative marketing Society Limited, aggrieved by the order of the Inspector of Labour (Authority constituted under the Tamil Nadu Industrial establishments (Conferment of Permanent status to Workmen) Act, 1981 in C. P. S. A. No. 8319 of 1992, dated September 27, 1995, has filed the above writ petition to quash the same on various grounds.

(2.) THE case of the petitioner Society is briefly stated here under: the petitioner, the Tiruchengode agricultural Producers Co- operative marketing Society is a Co-operative Society governed by the Tamil Nadu Co-operative societies Act, 1983. The function of the petitioner Society includes the marketing of the agricultural produce such as cotton, groundnut, gingelly, castor seeds, coconuts etc., for fetching maximum fair price to the farmers. The distribution of agricultural inputs like seeds, fertilizers, pesticides, agricultural implements etc., to the farmers and grant of loans to the farmers on the pledge of produce are also the functions of the Society. The petitioner Society employs more than 250 persons. Apart from regular employees, contract employees are also engaged in loading and unloading operations. Such persons are employed through contractors, as and when occasion demands. These contract employees are paid on piece rate basis calculated on the head load. They are paid at the end of every week and are free to carry the load of any other persons like the wholesaler, trader or supplier of agricultural products, who may require their services. They are not bound to report for duty every day. Their services are summoned only when there are loading and unloading operations. They are not on the pay rolls of the petitioner Society. They are paid through the contractors. They were not in continuous service for any period. None of the contract employees have completed 480 days of continuous service in a period of 24 calendar months. The completion of 480 days of continuous service is a sine qua non for claiming the status of a permanent employee as per the provisions of Section 3 of the Tamil nadu Industrial Establishment (Conferment of permanent Status to Workmen) Act, 1981 (in short "the Act'). None of the employees who filed the petition claiming permanent status pleaded completion of 480 days of continuous service in a period of 24 calendar months. The second respondent claimed a permanent status by making representation to the petitioner society. The said representation was rejected on account of the fact that none of the persons were regular employees of the Establishment, as they were either the contractors or the contract employees. Aggrieved by the rejection of the request, the second respondent filed a petition before the first respondent for adjudication. After holding that there was no relationship of employer and employee as between the parties, none of the persons completed the period prescribed in the relevant statute, allowed their application by order dated September 27, 1995, which is impugned in this writ petition. The order of the first respondent suffers from illegality warranting interference by this Court, hence the present writ petition.

(3.) I have carefully considered the rival submission.