SENIOR REGIONAL MANAGER Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) BY consent of both sides, the writ petition is taken up for final disposal.

(2.) W.P.No.27249 of 2005 is filed to quash the order of the first respondent dated 6.6.2005 wherein the first respondent ordered permanent status to the respondents 2 to 7 from 8.10.2004 in the Modern Mill owned by the Tamil Nadu Civil Supplies Corporation.

(3.) THE respondents 2 to 7 in W.P.No.27249 of 2005, who are sweepers and respondent No.2 in W.P.No.27250 of 2005, who is loadman, filed application before the first respondent claiming permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, on the ground that they are continuously working in the godown for more than ten years and they have completed 480 days of continuous service within a period of 24 calendar months. According to the petitioners, the Corporation is fully owned by the Government of Tamil Nadu and therefore it is exempted from the applicability of the Tamil Nadu Shops and Establishments Act, 1947, as well as the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, and therefore the first respondent has no authority to deal with the petitions filed by the respective respondents in these writ petitions. According to the petitioners the said ground was raised as preliminary objection and requested further time to file detailed counter statement and the first respondent, without considering the said objections, has allowed the petitions filed by the workmen/respondents in these writ petitions holding that the said act will apply to the petitioner Corporation and the respondents, having worked for more than 480 days continuously within a period of two years, are entitled to get permanent status from the date of their petitions i.e, from 8.10.2004.