K.BALASUBRAMANIYAN Vs. REGISTRAR,MANONMANIAM SUNDARANANAR UNIVERSITY,

JUDGEMENT

(1.) This writ petition has been filed challenging the orders passed by the 2nd respondent under the provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 rejecting the claim of the petitioner for granting permanent status.

(2.) The brief facts that are relevant for disposal of this writ petition are as under:

(3.) The reason for rejection of the claim as is assigned in the impugned order is that, the respondent University is an exempted establishment in terms of the Sec. 4(1)(c) of Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as Act, 1947). The definition of establishment as defined under Act, 1981 would take into its purview an establishment as defined in Clause 6 of Sec. 2 of Tamil Nadu Shops and Establishments Act, 1947. As the establishments under Central and State Governments, local authorities, etc were exempted under Sec. 4(1)(c) of the Act, 1947, the 2nd respondent came to the conclusion that the respondent University, being an establishment under the State Government, stood exempted from the definition of an establishment under Sec. 2(6) of Act, 1947 and thereby, it also stood excluded from the definition of an establishment under Sec. 2(3)(e) of the Act, 1981.