LAKSHMI MILLS COMPANY LTD PALLADAM BRANCH COIMBATORE Vs. DEPUTY CHIEF INSPECTOR OF FACTORIES TIRUPPUR

JUDGEMENT

(1.) THIS writ appeal is filed against the order of the learned single Judge dated 30.6.2006 made in W.P.No.22606 of 2006 wherein and by which the writ petition filed by the appellant challenging the order of the first respondent dated 23.6.2003 was dismissed.

(2.) BEFORE the first respondent, the second respondent Union filed a petition seeking for grant of confirmation of permanent status to 49 workmen in terms of the Tamil Nadu Industrial Establishment (Confirment of Permanent Status) Act, 1991 (Tamil Nadu Act 46 of 1981). According to the second respondent, the 49 workmen mentioned in their petition dated 10.10.2002 have not been made permanent even though they had worked for 480 days in a period of 24 calender months. After affording opportunities to the petitioner, the competent authority, viz., first respondent, passed an order directing the confirmation of permanent status to the said workmen vide his order dated 23.6.2003. The said order came to be challenged before the single Judge in W.P.No.22606 of 2006 by the appellant on the ground that even though the said workmen were receiving benefits on par with permanent and Badli workmen, they are not entitled for confirmation of permanent status and that the Union cannot file on behalf of the workmen; that the first respondent had not inspected the premises and scrutinised the documents and that the first respondent should have conducted a detailed enquiry. Further, it was stated that the five workmen have already left the service of the appellant under the voluntary retirement scheme.

(3.) WE have heard the learned counsel appearing for the appellant and have perused the records.