V DEVENDRAN Vs. GENERAL SUPERINTENDENT

JUDGEMENT

(1.) THE above Writ Petition has been filed by the petitioner praying to issue a Writ of Mandamus directing the respondent to make the petitioner permanent as per Section 3 of the Tamil Nadu Conferment of Permanent Status to Workmen Act, 1981 with effects from 18. 2. 1982 and fix the petitioner's pay in the regular scale with all attendant benefits.

(2.) IN the affidavit filed in support of the above Writ Petition, petitioner would submit that on 18. 2. 1980 he joined the respondent's organisation as Part time Sweeper on a salary of Rs. 75/-; that on representations made by the petitioner to the management, the General Superintendent by his letter dated 31. 10. 1988 recommended to the Chairman to make him permanent fixing the scale of pay of Rs. 450-10-570-15-720; that he has completed 480 days of continuous work in a period of 24 calendar months as on 19. 2. 1982; that as per Section 3 of the Tamil Nadu Conferment of Permanent Status to Workmen Act, 1981, he shall be deemed to be a permanent workman from 19. 2. 1982. On such averments, the petitioner would pray for the relief extracted supra.

(3.) IN the counter filed by the respondent, besides generally denying the allegations in the affidavit filed in support of the above writ petition, he would further submit that the respondent concern is in the verge of closure; that the management is looking out for retrenching even the permanent employees due to the poor financial conditions; that therefore, there is no scope for making the petitioner as a permanent worker, even assuming that the petitioner has got grounds for making him permanent; that the petitioner has got remedies under the Tamil Nadu (Conferment of permanent status to workmen) Act 1981; that the petitioner without making application before the appropriate authority provided under the said Act has filed the above writ petition as a short-cut method, which is not permissible in law; that the appropriate authority after taking into consideration, the availability of the post and the capacity of the management depending upon the facts and circumstances, will decide whether the petitioner should be made permanent or not and hence, the writ petition is not maintainable.