SUPERINTENDING ENGINEER Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) These Writ Petitions are filed to quash the order passed by the Inspector of Labour.

(2.) The Inspector of Labour passed an order, granting permanent status to the private respondents herein under the provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. The Tamil Nadu Electricity Board preferred these Writ Petitions, challenging the said order on the ground that the private respondents / workmen are not entitled for the permanent status, as they had not served 480 days as contract labourers in the Board. However, such factual disputes cannot be adjudicated in a Writ proceedings. In most of the cases, the Board remained ex-parte before the Inspector of Labour and such ex-party orders are also under challenge in some of the Writ Petitions.

(3.) It is contended that wherever the Electricity Board had not appeared before the Inspector of Labour, the authorities competent verified the records and passed an order in favour of the workman. Wherever the Electricity Board appeared before the Inspector of Labour, then also details of the workman were verified and accordingly, an order in favour of the workman was passed, granting permanent status under the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.