ADMINISTRATOR Vs. DEPUTY CHIEF INSPECTOR OF POLICE

JUDGEMENT

(1.) The Writ petitioner is the Kallakurichi -II Co-operative Sugar Mills Limited. The order passed by the Deputy Chief Inspector of Factories under the provisions of the Tamil Nadu Industrial Establishment (conferment of permanent status to workmen) Act, 1981 dated 12.01.2011 is under challenge in the present writ petition.

(2.) The learned counsel appearing on behalf of the writ petitioner made a submission that the writ petitioner is a Co-operative Sugar Mill registered under the provisions of the Tamil Nadu Co- operative Societies Act . The writ petitioner/sugar mill is engaged in crushing of sugar cane during the harvest times. Thus, it is a seasonal work depending on the harvest of sugar cane for crushing. During the seasons, casual labourers are being engaged by the writ petitioner mill for completion of the job. Thus, the entire activities of the co-operative sugar mill is seasonal based one and many number of employees were appointed on casual basis and on daily wages basis and on need basis during the seasons. The respondents two to five were engaged as daily wage employees (NMR) to perform certain jobs relating to data entry, more specifically, regarding the production sector. During the season, they have to enter the datas regarding every day production activities and other related details. In this regard, the second and fourth respondents were appointed as Typists, the third respondent was engaged as Data Supervisor and the fifth respondent was engaged as Computer Operator (Accounts Wing). All the respondents, two to five were engaged to perform the administrative duties and not connected with the Factory related works.

(3.) The learned counsel for the writ petitioner reiterated that the order passed by the first respondent Deputy Chief of Factories is perverse on account of the fact that the first respondent has not taken note of the legal ground raised by the writ petitioner Management and passed an order granting permanent status in routine manner and merely based on the days of service rendered by the respondents two to five. In other words, the first respondent arrived a conclusion that the respondents two to five were engaged as NMRs for 480 days and therefore, they are entitled for permanent status. Such a decision arrived is inconsistent with the legal principles, more specifically, in Co-operative Societies registered under the provisions Tamil Nadu Co- operative Societies Act .