KURUNKULAM ARIGNAR ANNA SARKARAI ALAI THINAKKAOOLY THOZHILALAR SANGAM Vs. CHAIRMAN TAMILNADU SUGAR CORPORATION

JUDGEMENT

(1.) THIS writ petition is for a direction, forbearing the respondents from altering the service conditions of the members of the petitioner Sangam by engaging third parties on contract basis pursuant to the tender notification, dated 12. 10. 2006.

(2.) THE case of the petitioner Sangam is that the members of the petitioner Sangam were employed on daily wages basis from the inception in the year 1978 when the second respondent Sugar Mill was established. The petitioner Sangam made several representations for the purpose of regularization of the service of its members taking into consideration of the several years of service rendered by them. There was a writ petition filed by the petitioner in W. P. No. 10721 of 1996 and this Court, by order, dated 30. 06. 2003, has directed the petitioner Sangam to approach the Authorities under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Industrial Workmen) Act, 1981. However, the petitioner Sangam was not able to approach the Authority, since there was a change in the management of the Union. In the meantime, in the year 2005 also, the second respondent has proceeded to employ contract labour by ignoring the service of the petitioner Sangam. In those circumstances, the petitioner Sangam has raised a dispute before the Labour Officer, Thanjavur and after enquiry, the Labour Officer, Thanjavur has submitted the failure report to the Government on 5. 4. 2005. However, the Government has not passed any order. In the meantime, by notification, dated 12. 10. 2006, the second respondent has again called for the appointment of the workers on contract basis. It is in these circumstances, the petitioner has approached this Court for a direction, as stated above.

(3.) I have heard the learned counsel for the petitioner and Mr. D. Srinivasan, Government Advocate, who takes notice for respondents.