MANAGEMENT Vs. LABOUR INSPECTOR

JUDGEMENT

(1.) This writ appeal by the Management of Tamil Nadu State Transport Corporation (Madurai) Limited has been filed challenging the order, dated 22.04.2015, passed in W.P.(MD) No.9465 of 2014.

(2.) The appellant Corporation filed the writ petition challenging the proceedings, dated 07.03.2014, issued by the Inspector of Labour / first respondent, who is the competent authority under the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (in short, "the Act"?). By the said proceedings, the Authority conferred permanent status on the second respondent workman.

(3.) The appellant Management questioned the correctness of the said proceedings in the writ petition by contending that the second respondent workman was not in service as he was suspended from duty and the Inspector of Labour ought to have seen that a petition for regularizing his services is not maintainable in such circumstances. Further, it is contended that the second respondent was a reserve conductor and in terms of his engagement, his services will be considered for appointment as daily wage conductor on seniority basis and as and when vacancies arise in permanent post, if his services are found to be satisfactory, then there is a possibility of being absorbed as a regular employee. It is submitted that the conduct of the second respondent was far from satisfactory, he was unauthorisedly absent, absused the authorities and therefore, the question of making the second respondent a regular employee would not arise.