V LINGEESWARAN Vs. DIRECTOR OF PUBLIC LIBRARIES CHENNAI

JUDGEMENT

(1.) THE Original Application in O.A.No,744 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") is now Writ Petition in W.P.No,7463 of 2007 before this Court.

(2.) HEARD Mr.M.Loganathan, learned counsel for the petitioner and Mrs.C.K.Vishnu Priya learned Additional Government Pleader for the respondents.

(3.) THE learned counsel for petitioner submits that the petitioner has been in consolidated pay, without being regularised, for the past twelve years. He submits that the respondents cannot keep an employee indefinetely in consolidated scale of pay, without regularising the services. THE learned counsel submits that even in private employment, the workmen are regularised after completion of 480 days of service in two years, in accordance with the Tamil Nadu Industrial Establishments (Conferment of permanent status to workman) Act . THE learned counsel further submits that the action of the respondents in keeping the workman in consolidated pay, without granting regular scale of pay, is arbitrary and violative of Article 14 of the Constitution of India.