LAWS(MAD)-2016-4-415

P ANBUCHEZIAN Vs. INSPECTOR OF LABOUR AUTHORITY UNDER TAMILNADU INDUSTRIAL ESTABLISHMENT; MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION; GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION

Decided On April 15, 2016
P Anbuchezian Appellant
V/S
Inspector Of Labour Authority Under Tamilnadu Industrial Establishment; Managing Director, Tamil Nadu State Transport Corporation; General Manager Tamil Nadu State Transport Corporation Respondents

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the first respondent as well as the learned counsel appearing for the respondents 2 and 3.

(2.) All the petitioners are working as Conductors in the respondent Transport Corporation and they have filed these writ petitions praying for issuance of Writ of Mandamus to confer permanent status on them by appointing them in a regular time scale of pay from the date on which the petitioners have completed 480 days of service by implementing the order passed by the first respondent who is the competent Authority under the provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.

(3.) The facts which are necessary for the disposal of the writ petitions are that all the petitioners were employed as Conductors on temporary basis after their names were sponsored by the Employment Exchange. The date of initial engagement of the petitioners was during 1999. The petitioners continued as daily rated employees and since the respondent Corporation did not regularise their services, they approached the first respondent by way of an application under the Act for conferring permanent status on them on completion of 480 days of continuous work. The first respondent by an elaborate order dated 31.03.2005 allowed the claim made by the petitioners and directed the respondent Management to confer permanent status on the petitioners from the date they have completed 480 days of service and the relevant details were furnished in a tabular column which was appended as Annexure I to the order passed by the first respondent dated 31.03.2005.