R LALITHA Vs. TAMILNADU ELECTRICITY BOARD

JUDGEMENT

(1.) The order of rejection dated 23.12.2009 issued by the 2nd respondent is under challenge in this writ petition.

(2.) The learned counsel appearing for the writ petitioner made a submission that the husband of the writ petitioner was a contract labourer and he was engaged in the office of the Junior Engineer(O & M), Sengurichi in Ulundhurpet Division. The learned counsel for the petitioner states that the deceased employee was engaged as temporary contract labourer in the year 1994 and passed away on 19.09.2009 while he was in service. An application seeking compassionate appointment was preferred on 02.12.2009 and the same was rejected by the respondent in proceedings dated 23.12.2009 stating that the deceased employee, being a temporary contract labourer is not entitled to avail the benefit of the scheme of compassionate appointment. However, the learned counsel appearing for the writ petitioner made a submission that the deceased employee had served more than 480 days of service and therefore, he has to be treated as permanent employee under the provisions of the Tamilnadu Industrial Establishments(Conferment of Permanent Status to Workmen) Act, 1981. In other words, it is stated that the case of the deceased employee is to be treated as deemed permanent employee and accordingly, the scheme of compassionate appointment has to be extended.

(3.) The fact remains that the deceased employee was continuing on temporary basis and passed away while he was working as temporary employee. The question arises whether temporary employees can be conferred permanent status automatically or under any deemed provision.