S SIVAKUMAR Vs. DEPUTY INSPECTOR OF FACTORIES

JUDGEMENT

(1.) THIS writ petition has been referred to us to decide the issue whether a petition under the Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act (in short 'the Act') can be filed by a dismissed employee or not.

(2.) THE present writ petition was filed challenging the order dated 26-2-1999 passed by the first respondent authority rejecting the application filed by the Industrial Oxygen Company Employees' Union on behalf of the writ petitioners for conferment of permanent status. The writ petitioners claim that they have been working under the second respondent Management continuously for a period of more than 480 days within a period of two calender years and, therefore, they are entitled to the conferment of permanent status.

(3.) THE first respondent rejected the claim on the grounds that the writ petitioners at the relevant point of time were not in the employment of the second respondent Management and, therefore, there was no relationship of master and servant between them; that the writ petitioners were not members of the Union which filed the application seeking permanent status; and that the remedy available to the writ petitioners was only under the Industrial Disputes Act to challenge their non-employment and they cannot seek any relief under the present Act.