SUPERINTENDING ENGINEER NAGAPATTINAM Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) THREE Categories Requiring Adjudication: 1. This batch of cases are identified as falling within three broad categories:- (i) Writ Petitions challenging the Memorandum of Settlement dated 10.08.2007 between the Tamil Nadu Electricity Board and Trade Unions under Section 18 (1) of the Industrial Dispute Act, on the ground that the settlement is in brazen violation of the decisions of Supreme Court relating to absorption of contract labour in earlier proceedings involving the Tamil Nadu Electricity Board (ii)Validity of Board proceedings, 36 and 37 of the Administrative Branch dated 29.10.2005 prescribing the modes of appointment of mazdoor through their absorption and (iii) Enforcement of orders of Labour Inspectors and the claims of workers, who seek for permanent status and the Tamil Nadu Industrial Establishments (Conferment of Permanent Status) Act, 1981.

(2.) THE three categories seem to confluence to a single stream to catch our attention to the most vital starting point when the Electricity Board set down qualifications for the posts of "helpers" and other lower categories of employees which came to be challenged by a batch of Writ Petitions before this Court, before ultimately traversing up to the Supreme Court when Mr. Justice Khalid (Retired) was appointed to examine and recommend the criteria to be applied to "helpers" covered by the judgment of this court under appeal to the Supreme Court and to suggest if relaxation of their qualifications of National Trade Certificate (NTC)/National Apprenticesip Certificate (NAC) prescribed by the Board could be made in respect to the said helpers having regard to their experience.Ii. Factors Leading To Appointment Of Khalid Commission

(3.) IN the year 1988, there was a spate of writ petitions challenging the qualifications prescribed for the post of helpers and seeking for regularisation of the services of persons who had been working as helpers. The writ petitions upheld the board's power to enforce the regulations as framed and the aggrieved workers and unions took the matter to Supreme Court in SLP.No. 820 of 1990. By an order dated 10.04.1990, Mr.Justice V.Khalid had been appointed to do the work.