R. MURUGAN Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction directing the respondent to regularize the services of the petitioner as a permanent driver with effect from 01.10.2001. The writ petitioner claims regularization on the ground that similarly placed Co-employees were regularized in the post of Drivers.

(2.) The learned counsel appearing for the writ petitioner contended that the writ petitioner was appointed as a trainee Driver in the respondent-Corporation. Thereafter, he was appointed on daily wage basis vide proceedings dated 29.12.2000. On a perusal of the order of appointment, it is clear that the writ petitioner was appointed on daily wages for Rs. 149/- per day. Thus, the appointment is on daily wage basis and there is no right of confirmation mentioned in the order of appointment.

(3.) The learned counsel appearing for the writ petitioner contended that though the initial appointment of the writ petitioner was on daily wage basis, the colleagues and the Co-employees, who were appointed along with the writ petitioner were brought under the regular establishment and their services were regularized in the post of Driver. Thus, the same benefit has to be extended to the writ petitioner also. That apart, the learned counsel submitted that the service condition of the Driver of the Transport Corporation has to be dealt with under the provision of Industrial Disputes Act, 1947. Since, he has continued in service for more than 480 days, he is entitled for permanent absorption on the basis of conferment of permanent States Act.