TAMIL NADU CIVIL SUPPLIES CORPORATION WORKERS UNION Vs. TAMIL NADU CIVIL SUPPLIES CORPORATION LIMITED

JUDGEMENT

(1.) THE writ appeal No. 512/1997 has been directed against the order of the learned Single Judge of this Court in dismissing the writ petition filed by the appellant workers union for a mandamus forbearing the Tamil Nadu Civil Supplies Corporation Limited (hereinafter Direct Purchase Centres under the control of the Corporation who have rendered 480 days of service in two consecutive years or who have been granted permanent status by the Inspector of Labour, Thanjavur, Nagapattinam and A.T. Panneerselvam Districts. The learned Judge (R. Jayasimha Babu, J.) dismissed the writ petition in limine on April 10, 1997 by passing the following order :

(2.) THE appellant workers union filed writ petition No. 4798/1997 claiming that, pursuant to the Judgment of this Court in Writ Petition No. 5459/1983, Writ Appeal No. 423/1992 and S.L.P. No. 16474/1992, they are entitled for grant of permanent status with effect from the date of completion of 480 days, that the Inspector of Labour, Tanjavur in his proceedings in R.C. No. A -19146/1992 dated May 31, 1995 have granted permanent status to 151 employees and that the Inspector of Labour, Nagapattinam in his proceedings dated March 25, 1995 held that out of 129 employees, 128 were eligible for grant of permanent status and that the Corporation have filed W.Ps. 14889 and 14640/1996 against the above orders and the writ petitions are pending on the file of this Court for final adjudication.

(3.) WRIT Appeal Nos. 563 to 565/1997 : These three writ appeals are by the individual seasonal employees of the Corporation. These three appeals were filed for a mandamus directing the Corporation to confer permanent status on the writ petitioners with effect from May 3, 1986 with all consequential, monetary, service and other attendant benefits. All the three writ appeals were dismissed by Kanakaraj, J. on April 22, 1997 on the ground that the Workmen have to approach the Inspector for declaration and that after such declaration by the Inspector, if the Management refuse to confer permanent status, it is time enough for the petitioners to approach this Court or any other competent authority and that the workmen cannot straightaway approach this Court under Article 226 of the Constitution of India to direct the Management to confer permanent status from a particular date. In this view of the matter, the learned Judge was not inclined to entertain any of these writ petitions and accordingly dismissed the same. Hence the workmen have filed the above three writ appeals. Mr. Perumbulavil Radhakrishnan, learned counsel for the appellant submitted that there is no provision in the Act for approaching the Labour Inspector under the Act and the writ petitioner cannot maintain the writ petition and can only approach the Labour Officer is not correct.