SUPERINTENDING ENGINEER, VELLORE ELECTRICITY DISTRIBUTION CIRCLE Vs. GOVT OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Writ Petition is filed for a Writ of Certiorari to quash the order dated 05.11.2004 of the Third Respondent.

(2.) The case of the Petitioner is that the Respondents 4 to 14 filed an application before the Third Respondent purportedly under Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (the Tamil Nadu Act 46 of 1981). According to the Petitioner, it is not aware of the particulars of Respondents 4 to 14, such as date of joining, nature of work performed and whether they had worked for a continuous period of 480 days in 24 calendar months.

(3.) The Petitioner further states that the Tamil Nadu Act 46 of 1981 is not intended to confer permanent status on contract labourers. According to the Petitioner, contract labourers are governed by the Contract Labour (Regulation and Abolition)Act, 1970, which is a central legislation. In this regard, the Petitioner states that whenever a legislation is extended to contract labourers, it is clear from the definition of worker as contained therein. In the instant case, the Petitioner states that there is nothing in the Tamil Nadu Act 46 of 1981 that indicates that it applies to contract labourers. Accordingly, the exercise of jurisdiction by the Third Respondent is said to be unlawful.