EXECUTIVE OFFICER SEITHUR SELECTION GRADE TOWN PANCHAYAT Vs. ASSISTANT COMMISSIONER OF LABOUR (ENFORCEMENT) AUTHORITY

JUDGEMENT

(1.) The writ petitions have been filed by the Executive Officer of a Town Panchayat challenging the orders passed by the authority under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (CPS Act) wherein a Gate Valve Opener and a Plumber in the petitioner Town Panchayat have been conferred with permanent status.

(2.) A perusal of the application filed by the workmen before the CPS authority reveals that they have claimed that they are employed by the petitioner Town Panchayat from 5/2/2005 onwards. According to them, though there are vacancies in the sanctioned post, instead of making regular appointment, work is being extracted from them.

(3.) A counter has been filed by the Town Panchayat contending that the workmen are the contract labourers and they are employed through Puthumai Magalir Self Help Group who are successful bidder on tender being floated by the Town Panchayat towards supply of men and material for maintenance of street lights, water supply and public sanitation and solid waste management by offering their bids with deposit of earnest money. In the counter, it has been further contended that the monthly emoluments are being paid only to the said Self Help Group under proper acknowledgement inconsonance with the policy decision taken by the Government to empower and strengthen the Women Self Help Groups. According to the counter filed by the Town Panchayat, the petitioner is the worker attached to the said Self Help Group and their attendance is being maintained only by the Magalir Self Help Group.