CHAIRMAN, TAMILNADU ELECTRICITY BOARD Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) Heard Mr.M.Fakkir Mohideen, learned counsel appearing for the appellants and Mrs.A.Shrijayanthy, learned Special Government Pleader appearing for the 1st respondent and M/s.K.M.Vijayan Associates for the 2nd respondent.

(2.) This writ appeal is filed against the order made in W.P.No. 22003 of 2010, dated 07.4.2011, wherein the Award dated 31.3.2009 passed by the Inspector of Labour, Cuddalore was upheld by the learned single Judge along with the connected writ petitions by following the Division Bench judgment of this Court made in W.A.No. 1302 of 2003, dated 24.10.2008 along with the connected batch of writ petitions.

(3.) Brief facts are that the 2nd respondent was working in the appellants transmission line construction office and was doing tower line works from the year 1990 to 2007 and was paid wages by the appellants' Board from 1990 to 1997 through Petty Cash Book and after the cancellation of Petty Cash Book, the 2nd respondent was serving as Contract Labourer for more than 17 years under K2 agreement holders and was receiving wages from the Board. On 11.9.2007, 66 similarly placed workers out of 94 workers and on 25.1.2008, 30 workers were given permanency in service by the appellants and the 2nd respondent name was not included in the list of permanency in service stating that the appellants establishment in its letter has stated that the 2nd respondent worked from 1990 to 1994 and thereafter, there is no continuation of service. Therefore, the 2nd respondent filed a petition before the Inspector of Labour, Cuddalore to grant him permanency in service. The Inspector of Labour, Cuddalore, by Award dated 31.3.2009, passed an order directing the appellants Management to grant permanency in service to the 2nd respondent taking into consideration the date of completion of 480 days of employment in a period of 24 calendar months from the date of joining employment as an employee, within a period of 30 days from the date of receipt of the copy of the order. The said order of the Inspector of Labour, Cuddalore is challenged by the appellants in W.P.No. 22003 of 2010. The learned single Judge, by common order dated 7.4.2011, upheld the Award of the Inspector of Labour, Cuddalore and dismissed the writ petitions with a direction to the Board to implement the Award within a period of six weeks from the date of receipt of the copy of the order. Against the said order made in W.P.No. 22003 of 2010, the appellants have filed the writ appeal.