SUPERINTENDING ENGINEER Vs. LABOUR INSPECTOR

JUDGEMENT

(1.) In this batch of cases, except W.P.Nos.12578 to 12585 of 2001, all other writ petitions have been filed by the Tamil Nadu Electricity Board, challenging the orders of the respective Inspectors of Labour, in and by which, the said Inspectors of Labour, functioning under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981 and the Rules framed thereunder (hereinafter called 'the Act' and 'the Rules') passed orders, directing the Tamil Nadu Electricity Board to confer permanent status to the respective workmen in these writ petitions as per Section 3 of the said Act.

(2.) In W.P.Nos.12578 to 12585 of 2001, the concerned workmen through their union seek issuance of a Writ of Mandamus to direct the Tamil Nadu Electricity Board and its officials to implement the order of the Inspector of Labour dated 04.12.2000 and grant monetary benefits in terms of the said order to the seven workmen concerned in those writ petitions.

(3.) Mr. Altaf Ahmed, learned Additional Solicitor General, while appearing on behalf of the Board has made submissions by referring to the order impugned passed by the Inspector of Labour, the third respondent in W.P.No.24001 of 2002. The learned Additional Solicitor General raised three main contentions. In the first place, he contended that the third respondent passed the impugned order in total misunderstanding of the powers vested in him under the provisions of the Act. In the next place, it was contended that the orders of the third respondent were in breach of the procedure prescribed under the Act. Lastly, it was contended that by passing the impugned order, the third respondent arrogated to himself the powers that are available only with the Adjudicatory Forums constituted under the provisions of the Industrial Disputes Act, 1947.