THE SUPERINTENDING ENGINEER, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. Vs. P. KOTHANDAM AND ORS.

JUDGEMENT

(1.) The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, TNGEDCO, (hereinafter referred to as applicant/Board) is the appellant in all these Review Applications and they are directed against the judgment of the Division Bench of this Court in W.A.Nos.1340 & 1341 of 2012, dated 10.07.2012 and W.A.Nos.1342 to 1363 of 2012, dated 11.07.2012. As against the order passed by the Division Bench, the Review Applicant preferred Special Leave Petitions before the Hon'ble Supreme Court in Special Leave to Appeal (Civil) Nos.24740-24741 of 2012.

(2.) The Hon'ble Supreme Court while dismissing the Special Leave Petitions by order dated 08.04.2013, observed that the dismissal of the Special Leave Petitions will not preclude the Applicant to apply to the High Court for review concerning the matter where the Applicant alleges that the awards passed by the Inspector/s of Labour, Cuddalore, Villupuram, Madurai, Erode, Nagapattinam, Theni Division and Salem are forged. It is thereafter TNGEDCO has filed these Review Applications.

(3.) Since the facts in all these Applications are identical, it would suffice to take note of the facts in Review Application No.89 of 2015. The first respondent herein and other similarly placed persons filed claim petitions before the Inspector of Labour under Section 3 of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 (Act). They contended that they have been working as contract labourers of the Board for more than 480 days continuously over a period of 24 calender months and are entitled to be made permanent. The authority under the said Act accepted the contention of the respondent and passed orders individually as well as collectively to grant permanency to them.