MANAGEMENT OF MELANMAI Vs. SEYALALAR

JUDGEMENT

(1.) The Writ Petition No. 24307 of 2003 has been filed by the Management of Melanmai Iyakkunar, Tamil Nadu Water Supply and Drainage Board, Chennai as against the Award dated 24.1.2003 passed in I.D. No. 48 of 2001, in which, the second respondent, the Industrial Tribunal held that the employees, who are working in the Association were entitled for regularization from the date of passing of the Award i.e. on 24.1.2003.

(2.) The learned senior counsel for the petitioner in W.P. No 24307 of 2003 would submit that when a reference was made before the Industrial Tribunal on the issue of parity of pay on par with the similarly placed persons, the Industrial Tribunal has gone beyond the scope of reference and wrongly passed the impugned Award granting direction to the TWAD Board to regularize the service of the workmen on completion of continuous service of 480 days. Therefore, the impugned award passed by the Industrial Tribunal beyond its scope, is liable to be set aside.

(3.) In his further submission, it was stated that at the time of maintaining the schemes by the local bodies, the Government subsequently, on finding fault with the administration of the local bodies, has taken over the work, which has been discharged by the local bodies without the workmen attached to these schemes. As per 12(3) settlement reached between the TWAD Board and the first respondent in W.P. No. 24307 of 2003 namely, Seyalalar, Tamil Nadu Kudineer Vadigal Variya Ooliyar Mathiya Amaippu (CITU), Chepauk, the employees, who had put in 480 days of continuous service in two consecutive calendar years were regularised, Accordingly, the persons, who are before this Court were appointed pursuant to CO, Ms. No. 261, MA & WS Department dated 14.10.1996. In the said G.O., it is specifically stated that the appointment of persons was made only on consolidated basis with annual increment at 10% for five years in the category of Electrical Superintendent, Electrician, Fitters and Maintenance Assistants. Though the above said G.O. Ms. No. 261 was not challenged before the Tribunal, the Tribunal, instead of considering the service of the employees, who are working in the Association, has wrongly given direction to TWAD Board to regularize the service of the employees on completion of continuous service of 480 days. Even this direction also is running contrary to the ratio laid down by this Court in Writ Appeal Nos. 665 to 669 of 2010 and W.P. Nos. 15893 to 15896 of 2009 dated 21.6.2010. On the above said basis, he has prayed for setting aside the award passed by the Industrial Tribunal by the interference of this Court.