ANDHRA BANK SALEM Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) ANDHRA Bank, Salem (petitioner) is a Nationalised Bank. One G. Balasubramanian (second respondent) claiming to be an employee of the petitioner-bank filed a Claim petition No. 4 of 1993 under S. 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (Tamil Nadu Act No. 46 of 1981 - for short Permanent Status Act) before the Inspector of Labour, Salem (Appellate Authority thereunder - first respondent) stating that he had completed 480 days during the period from 1 September 1990 to 31 August 1992, that is to say, 24 calendar months and, therefore, he must be accorded "permanent status."

(2.) THE petitioner, on receipt of the notice from the first respondent, approached this Court by way of writ petition, being Writ Petition No. 12894 of 1993 praying for issue of a writ of prohibition, prohibiting the first respondent from proceeding further, contending that the provisions of the Permanent Status Act cannot at all be made applicable to nationalised banks like the petitioner and consequently, the first respondent-appellate authority has no jurisdiction to entertain the application. THE said writ petition appears to have been dismissed by this Court, with the observation that the preliminary question as respect jurisdiction has to be decided by the said appellate authority.

(3.) THIS petitioner-bank has also filed Writ Miscellaneous Petition No. 3979 of 1994 praying for stay of all further proceedings therein, pending disposal of the writ petition.