L. SUGENESWARAN Vs. CHIEF ENGINEER/PERSONNEL TAMIL NADU

JUDGEMENT

(1.) THE Petitioner has focused the instant Writ of Mandamus praying for issuance of an order by this Court in directing the Respondents 1 and 2 to consider and pass orders on his representation dated 25.01.2012 and to regularise his service as per the list submitted by the Second Respondent to the First Respondent in pursuance of the Memo No.047/007443/SED/Adm.2/A.2/ F.C.L./2008 dated 25.03.2008 on the file of the Second Respondent and Memo No.128688/G.582/2009 -1 dated 12.05.2010 on the file of the First Respondent.

(2.) ACCORDING to the Petitioner, he is working as a Contract Labourer on and from 07.04.2003 continuously in the Respondents Corporation under the control of the Assistant Engineer (O & M), SIPCOT, Hosur, without any blemish. The Second Respondent issued a Memo in reference No.047/007443/SED/Adm.2/A.2/F.C.L./2008 dated 25.03.2008 directing all the Executive Engineers of the Circle to submit the details of left out Contract Labourers, who were not covered under Section 12(3) settlement of the Industrial Disputes Act, 1947 and engaged continuously and further the details of the Contract Labourers who are not engaged etc., . Pursuant to the Memo dated 25.03.2008 issued by the Second Respondent, the Third Respondent had instructed all the Assistant Executive Engineers to furnish the details in the enclosed statement on or before 27.05.2010 without fail.

(3.) IT is to be borne in mind that Section 2(4) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 defines "workman" as follows: -