MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD. Vs. FIVE MEN COMMITTEE, TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES

JUDGEMENT

(1.) This Writ Petition is filed challenging the award of the Prinipal Labour Court, Vellore, dtd. 27/12/2021 made in I.D.No.241 of 2009. By the said award, the reference that was made by the Government of Tamil Nadu vide G.O.D.No.672, dtd. 11/12/2009 was answered in favour of the workmen stating that the management should make the 11 workmen, involved in the dispute, as permanent and grant them monetary and other benefits. Aggrieved by the same, the management is before this Court.

(2.) The case of the workmen is that the 11 workmen, involved in the dispute are N.Sundaramurthy, V.Shankar, G.Pichandi, B.Ravichandiran, M.Manogaran, M.Annadurai, V.Vaikudhan @ Mani, V.Ekambaram, S.Kesavel, K.Lazar and K.Murthy. They worked in the management from the year 1983 onwards when it was Pattukottai Azhagiri Transport Corporation. They are casual labourers. They were working as helpers. In the year 1983, they were paid Rs.5.00 per day; in the year 1986, it is increased to Rs.6.00; Rs.9.00 in the year 1987; Rs.12.00 in the year 1988 and Rs.18.00 in the year 1989. The duties which are assigned to them are to work in mobile lorry which carry materials to one depot to another and dispensing the spare parts in other materials.

(3.) The officials, under whom they worked, are also mentioned in the Claim Petition. Even though they had put in 17 years of service, they were not regularised. One Natesan, who was the co-worker, had filed W.P.No.11145 of 1997 on his termination and he was reinstated by the management by the order, dtd. 15/2/1998. The management refused to regularise their services only on the ground that their names were not sponsored by the Employment Exchange. Even though regular vacancies arose, they were not regularised. They were putting in more than 240 days in every year and completed 480 days in two consecutive years and the particulars, on which, they completed 480 days of service are also given in paragraph No.9 of the claim statement. It is their contention that it is unfair on the management to employ some workmen as badlis when the work is perennial in nature. Therefore, they must be conferred permanency on the dates, on which, they have put in 480 days as per the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and all the benefits be granted to them. Accordingly, the reference to be answered.