EXECUTIVE ENGINEER Vs. INSPECTOR OF FACTORIES

JUDGEMENT

(1.) THESE Writ Petitions arise out of the order, dated 11.7.2011 passed by the Inspector of Factories, Sivagangai, in and by which, the services of the temporary workers/petitioners in WP 9549 of 2012, came to be ordered to be regularized from the date of their respective dates of joining. Questioning this order, the Executive Engineer, Tamil Nadu Water Supply and Drainage Board, De -salination Plant, Narippayur, Kadaladi Taluk, Ramnad District, has come forward with a Writ Petition in WP No.13038 of 2011, whereas, the workers whose services have been directed to be regularized, have come forward with a Writ Petition in WP No.9549 of 2011, seeking for implementation of the above said order.

(2.) SINCE the issue involved in these writ petitions is common, both the writ petitions are taken up together and being disposed of by this common order. For the sake of convenience, the parties will be hereinafter referred to as they were mentioned in WP No.9549 of 2011, viz., the workmen as "petitioners/workmen" and the management as "respondent/Board".

(3.) ACCORDING to the respondent/Executive Engineer, TWAD Board, De - salination Plant, a de -salination plant has been initiated by the Board, at Narippayur, Ramanad District under a contract to undertake the operation and management of the plant. The contractor is M/s.Doshion Private Limited, which undertakes the operation and management works of the said plant as per the terms of the contract and the payment being made on the basis of quantum of drinking water supplied by them. Except this contract, the respondent/Board has no direct relationship with the petitioners/workmen or other management affairs of the plant. The petitioners were directly employed by the contractor and not the Board. While, the petitioners had approached the Inspector of Factories, to confer permanent status to their employment, without conducting proper enquiry and without appreciating the facts, the Inspector of Factories, by order, dated 11.07.2011, ordered conferment of permanent status to the petitioners. Therefore, the respondent/Board has come forward with W.P.No.13038 of 2011, praying to set aside the said order.