TAMIL NADU CIVIL SUPPLIES CORPORATION LIMITED Vs. INSPECTOR OF LABOUR AUTHORITY UNDER THE TAMIL NADU INDUSTRIAL ESTABLISHMENT

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 31.10.1997, passed by the second respondent granting permanent status to six casual employees who are working in the petitioner Corporation Godown as Watchmen on the ground that the casual workmen have completed 480 days of service in 24 calendar months.

(2.) According to the petitioner, they were not appointed against the sanctioned vacancies and there was no budgetary sanction to the post. All these persons were appointed as casual labourers de-hors the rule, there is no regular work available to keep them through out the year. Subsection 3 of Section 1 of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 makes it clear that the provisions of the Act do not apply to casual employees or seasonal employees or where the work is performed intermittently. Further the Tamil Nadu Civil Supplies Corporation is a Government owned Corporation. For the purpose of procurement of paddy, the petitioner Corporation employed Seasonal and Casual employees. The District purchase centres were opened only during the harvest season and closed when the procurement of paddy was over and the procured paddy were stored in the Corporation Godowns. The nature of the work depends upon the policy decision taken by the Government. The procurement of paddy is only seasonal in nature. The Corporation cannot have adequate work in order to provide employment to these casual employees. Therefore, they do not acquire any right for regularisation. Therefore, the mere fact that they have completed 480 days within a period of two years, they are not entitled to get permanent status. The impugned order which grant permanent status is therefore liable to be set aside. That apart the Labour Union has no right to take up the case of the individual member and therefore on that ground also the authority should have dismissed the application.

(3.) The learned counsel appearing for the petitioner, in support of his contention relied upon the decision in Tamil Nadu Civil Supplies Corporation Employees Union Vs. Tamil Nadu Civil Supplies Corporation (1999(1)CTC 310), wherein it has been held: