V C VADIVEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition has been filed with the following prayer:-

(2.) The case of the petitioners is that they have joined in the year 1983-84 in Tamil Nadu Water and Drainage Board (TWAD) as NMR Fitter Grade II and Watchman. Some of the employees, who are likely to be terminated, have approached this Court in WP.Nos.537 and 538 of 1985 and sought for a prayer to get their services regularised. This Court, by order dated 25.6.1994 allowed the writ petitions and directed the respondents therein to regularise the services of the petitioners therein, if they completed 480 days of continuous service within a period of two calender years in terms of Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 (hereinafter referred as Act 81). By order dated 22.4.2009, this Court, in WP.No.1175 of 2005, directed the respondents therein to implement the orders passed in the said batch of writ petitions. Against which, Writ Appeal in W.A.No.14 of 2010 has been filed before this Court by the State Government and the same was dismissed on 11.1.2010. SLP.No. 10204 of 2010 filed by the State Government was also dismissed by the Hon'ble Supreme Court on 16.7.2010. Therefore, the order dated 22.4.2009 directing the Municipality to implement the order dated 25.6.1994 became final. Therefore, some of the employees, who filed the said writ petitions, were transferred and absorbed in Alandur Municipality on 08.12.2010. The case of the petitioners is that they are also similarly placed as that of the petitioners in WP.No.537 and 538 etc batch, and that they should also be regularised on completion of 480 days of service within a period of 24 months. In spite of their representation dated 17.4.2011, the Municipality herein, did not take any further steps to regularise their services. Hence, the petitioners have approached this Court by way of this writ petition seeking regularisation of their services.

(3.) Though the respondents have not filed counter, the learned Special Government Pleader appearing for the respondents 1 and 2 contended that the petitioners are not entitled for regularisation of service as they are NMRs and they have not completed 480 days of continuous service.