MANAGING DIRECTOR TAMIL NADU MEDICAL SERVICES CORPORATION LTD Vs. TAMIL NADU MEDICAL SERVICES CORPORATION EMPLOYEES WELFARE UNION

JUDGEMENT

(1.) WRIT Appeal Nos.1430 and 1431 of 2000 have been preferred against the common order passed by the learned single Judge dated 21.7.2000 in W.P.No.15236 and 17147 of 1998 and WRIT Petition No.17133 of 2001 has been filed by the appellant Corporation, challenging the order of the Inspector of Labour, Circle-III, Nandanam, dated 31.3.2001 in E/4600/2000, directing the appellant to confer permanent status to 53 persons as mentioned in the Annexure-1 to the said order. W.P.No.15241 of 2009 has been preferred by 22 persons out of 53 persons mentioned in Annexure-I in the order of Inspector of Labour, Circle-III, dated 31.3.2001 seeking for issuance of mandamus to provide them permanent employment in the appellant - Corporation.

(2.) FOR the sake of convenience, the Appellant in W.A.Nos.1430 and 1431 of 2000 will be referred as the Appellant and Inspector of Labour, Circle - III, Nandanam, viz., second respondent in W.P.No.17133 of 2001 as respondent and the petitioners in W.P.No.15241 of 2009 who are represented by the first respondent in W.P.No.17133 of 2001 as petitioners.

(3.) SUBSEQUENTLY, those employees were not allowed to work on Saturdays. Another writ petition came to be filed in W.P.17147 of 1998 for issuance of a mandamus both against the State of Tamil Nadu as well as the appellant - Corporation for a direction to provide employment to the members of the Union to work on Saturdays and also backwages for the previous four Saturdays. The said writ petition was disposed of by a common order dated 21.7.2000. The said decision has been reported in TAMIL NADU MEDICAL SERVICES CORPORATION EMPLOYEES WELFARE UNION v. THE STATE OF TAMIL NADU [2000 (3) M.L.J., 201]. The learned single Judge ultimately held that Act 46 of 1981 is applicable to the appellant - Corporation and that the concerned Inspector under Section 3 of the said Act who can inspect the premises and verify the records of the Corporation, was directed to consider the claims of the Union for conferment of permanent status as well as the right of the members of the Union to work on Saturdays. The learned single Judge also directed the Inspector to inspect and consider the claim for permanency as well as other claims after affording an opportunity to both parties and decide the same within three months. There was also a direction to the appellant - Corporation as well as the employees to maintain status quo.