THAMIZHAGA KOOTTURAVU SANGA OOZHIYAR SANGAM Vs. MADURAI DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD

JUDGEMENT

(1.) FOR the purpose of convenience, parties are referred to as per their rank in Writ Petition No. 5962 of 1997.

(2.) WHILE in Writ Petition No. 5962 of 1997, 41 employees working under the first respondent Management seek a writ of Mandamus directing the first and second respondents to treat the employees mentioned in the orders dated 26. 7. 1996, 30. 9. 1996 and 13. 12. 1996 issued by the third respondent as permanent with all consequential benefits including arrears of salary and other allowance, in Writ Petition Nos. 32916 and 35143 of 2003, the first respondent Management seeks a writ of Certiorari to call for the records of the third respondent - Inspector of Factories made in his proceedings No. E2348 of 1996 dated 26. 7. 1996 and 30. 9. 1996 and quash the same.

(3.) IT is not in dispute that the third respondent, Inspector of Factories, an authority appointed under Section 4 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, (for brevity, "the Act"), by exercising the powers conferred under Section 3 read with Section 5 of the Act, pursuant to the inspection made on 24. 7. 1996, passed the impugned orders dated 26. 7. 1996, 30. 9. 1996 and 13. 12. 1996, directing the first respondent to confer permanent status to 20, 17 and 4 employees respectively, working under the first respondent-Management. 1. Since the orders of the third respondent dated 26. 7. 1996, 30. 9. 1996 and 13. 12. 1996 had not been complied with, the said 41 employees filed Writ Petition No. 5962 of 1997 on the ground that the non compliance of the orders of the third respondent is contrary to the spirit and scope of Section 3 of the Act.