S MARUTHUPANDI Vs. EXECUTIVE ENGINEER, TAMILNADU WATER SUPPLY AND DRAINAGE BOARD, RURAL WATER SUPPLY DIVISION, N R T NAGAR, THENI

JUDGEMENT

(1.) The petitioners in W.P.(MD) No.13054/2014 were working under Contractors in different Trades such as Electricial, Turn Cock and Fitter. All of them have been serving TWAD Board. The Board has been engaging and utilising their services through intermediary contractors.

(2.) Two facts are not in dispute. The work carried out by the aforesaid workmen is perennial in nature. Secondly, only the contractors have been changing once in two years. But, the workmen continued to serve in the very same capacity right from inception. Since the petitioners had put in 480 days of continuous service in 24 consecutive calender months, the petitioners applied to the authority constituted under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 seeking declaration for conferment of permanency. The applications submitted by the aforesaid petitioners were ofcourse opposed by the TWAD Board. The only ground taken by the TWAD Board is that the applications filed by the applications were not maintainable since they were contractual labour and not direct employees of the Board. In other words, the defence of the Board was that since 480 days of service put in by the applicants was not directly under the Board, their applications were liable to be dismissed. The statutory authority constituted under the Act conducted enquiry and examined witnesses also. After due consideration of the entire material on record, the authority passed the order dated 25.11.2013 conferring the status of permanency on the applicants w.e.f. the completion of 480 days from the date of their initial engagement. The authority had also mentioned the date on which the individual applicants joined service.

(3.) W.P.(Md) No.13054 of 2014 has been filed by the workmen for enforcement of the said award. W.P.(MD) No.1410 of 2014 has been filed by the TWAD Board questioning the same.