THE MANAGER THE POOMPUHAR SHIPPING CORPORATION LTD. Vs. THE LABOUR INSPECTOR, NAGERCOIL AUTHORITY UNDER THE TAMILNADU INDUSTRIAL ESTABLISHMENTS

JUDGEMENT

(1.) The prayer in this writ petition is for a certiorari to quash the order passed, in Na.Ka. No. 832/2009, dated 29.10.2010, by the first respondent.

(2.) The petitioner/Poompuhar Shipping Corporation Ltd., is a Public Sector Undertaking of Tamil Nadu Government carrying Shipping Operations for Tamil Nadu Electricity Board and Shipping Coal from various Ports in India. In addition to the cargo handlings, in order to promote tourism and pilgrimage, they have established ferry service in Kanyakumari. They have been ferrying tourists and pilgrims from the shore to Vivekananda Rock Memorial and Ayyan Thiruvalluvar Statue, without any profit motive and only as a service for community. The Tamil Nadu Maritime Board, Chennai, has granted a licence for the ferry service of the petitioner-Corporation and regulated their ferry service. They are governed by the Service Rules framed by the Government of Tamil Nadu vide G.O.(D) No. 750, Labour and Employment, dated 09.08.1994. They have employed managerial office staff, operating staff and security staff for carrying out their ferry operation in Kanyakumari. As per their Service Rules, the recruitment in service is by (i) direct recruitment, after calling for candidates from the Employment Exchange/advertising vacancy in Newspapers, (ii) Deputation from Central and State Government and (iii) By contract.

(3.) The Government of Tamil Nadu, vide G.O.Ms. No. 212, Personnel and Administrative Reforms (P) Department, dated 29.11.2001, banned fresh recruitment of workers in service in the State Public Sector Undertakings/Boards. In order to meet the exigencies of the requirement for running ferry service and the requirements prescribed by the Tamil Nadu Maritime Board, the petitioner-Corporation engaged casual labourers through contractors. Accordingly, during 2003, they had called for tenders by furnishing job-wise requirements. The contractors submitted their quotations by specifying the nature of job as well as the minimum wage requirements for each category. Thereafter, the petitioner-Corporation had accepted the lowest tender. As per the tender conditions, the successful contractor would supply the manpower as per requirement from time to time within the period of contract and the contract period is one year and it would be terminated at the end of the contract period and new quotation would be called for every year.