M E DEVARAJAN Vs. V JAYARAMAN

JUDGEMENT

(1.) THE petitioner is the Chairman of the Educational Trust and the said Trust is running several colleges. In this writ petition, the petitioner has come forward to challenge the order passed by the Inspector of Labour, Chennai - 3 dated 22.01.2007.

(2.) BY the impugned order, the second respondent directed the petitioner management to confer permanent status on the first respondent in terms of Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (for short 'Tamil Nadu Act 46 of 1981') from the date on which the first respondent completed 480 days service within a period of 24 calendar months.

(3.) BEFORE the second respondent authority, no evidence was let in and no document was produced. The authority, after dealing with the statements of both sides, found that the claim made by the first respondent was legally valid and therefore he is entitled to the relief. In that view of the matter, he granted the relief in favour of the first respondent and conferred permanent status in terms of Section 3 of the Tamil Nadu Act 46 of 1981. In the operative portion of the order, the authority has recorded as if the parties have let in evidence by filing documents and also written arguments but there is nothing on record to show that he has referred to any such document or the written arguments filed by both the parties. In any event, for the purpose of applying the provisions of the Tamil Nadu Act 46 of 1981, the establishment must be an industrial establishment within the meaning of Section 2(3) of the said Act. The industrial establishment has been defined to include a factory, plantation, motor transport undertaking, beedi industrial premises, establishment defined in clause (6) of Section 2 of the Tamil Nadu Shops and Establishments Act, 1947, catering establishment. Apart from the listed establishments under Section 2(3)(g) of the Act, the State Government has got power to apply the provisions of the Act by way of Notification declaring a particular establishment as an industrial establishment for the purpose of the Act. But in terms of Section 2(3)(g) of the Act, no Notification has been issued by the State Government so far. Assuming for argument sake that the first respondent's contention that he was initially working in the women's hostel, it has to be seen whether the hostel will come under the provisions of the catering establishment within the meaning of Section 2(1) of the Tamil Nadu Catering Establishments Act, 1958. Since the catering establishment has been defined under Section (2)(1) of the Tamil Nadu Catering Establishments Act, 1958 and is governed in terms of Section 2(3)(g) of the Tamil Nadu Act 46 of 1981, it has to be seen whether the women's hostel is a catering establishment. Section 2(1) of the Tamil Nadu Catering Establishments Act reads as follows: