THE MANAGING DIRECTOR Vs. A.M. ABDUL RAHIM

JUDGEMENT

(1.) The writ appeal is filed against the order dated 26.3.2012 made in W.P.No.32486 of 2006, wherein the first respondent has prayed for issuing a writ of Mandamus directing the appellant as well as the second respondent herein to confirm the first respondent in service with effect from 25.1.1981 with appropriate scale of pay and to pay the arrears of salary and other attendant benefits. The learned Single Judge having allowed the writ petition, the Managing Director, Tamil Nadu Fisheries Development Corporation Limited has filed this writ appeal.

(2.) The facts leading to the filing of the writ petition by the first respondent are as under:

(3.) Mr.K.R.Tamizhmani, learned counsel appearing for the appellant submitted that the list sent for ratification, which was approved by the Government vide G.O.Ms.No.1234, Forest and Fisheries Department, dated 20.10.1981, relates to daily wage employees, who were engaged without reference to the employment exchange and that has nothing to do with the absorption of the first respondent on permanent basis and, therefore, the learned Single Judge was not right in ordering regularization of the service of the first respondent from the date of his appointment, namely, 25.1.1981.