V MURUGAN Vs. COMMISSIONER

JUDGEMENT

(1.) The above writ petitions are filed to issue writ of Certiorarified Mandamus to call for the records on the file of the third respondent in his proceedings in Na.Ka.No.1157/98-A2 dated 18.05.2001, quash the same and direct the respondents to regularise the service of the petitioners.

(2.) The petitioners were appointed as Watchman, Waterman, Sweepers etc. by the Board of Trustees on daily wages; by an order dated 29.11.1999 their wages were fixed at Rs.25.00 per month; they continued to work for more than three years to the satisfaction of the trustees and other officers, worshipers without any complaint whatsoever; and there was no brake of service. The petitioners made representation to the respondents to confirm and regularise them in the services; but on 18.05.2001, when the petitioners went for work as usual, they were informed that they cannot work any more as their services were terminated by proceedings dated 18.05.2001. The petitioners are entitled to the benefits conferred under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen)Act,1981 (Tamilnadu Act 46 of 1981) (hereinafter referred to as 'the Act'). Therefore, the impugned order is challenged in these writ petitions.

(3.) Mr.G.Thangapandian, learned counsel appearing for the petitioners submitted that these petitioners were working for more than 3 years and they have worked more than 240 days within a continuous period of one year and their services are entitled to be regularised. On the other hand, their services were terminated, on the sole ground that there was audit objection for having excess number of employees in the Board of Trust.