SUPERINTENDING ENGINEER Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) The present writ petition is filed, challenging the order of the first respondent dated 25.07.2016 passed in proceedings Pa.Mu. No.A/1567/2008.

(2.) The writ petitioner is Tamil Nadu Electricity Board. The facts in brief contended by the writ petitioner are that the respondents/workmen filed the application before the Inspector of Labour, under Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 with a prayer that they should be conferred permanent status as workmen in the Tamil Nadu Electricity Board. The applications were filed through the Tamil Nadu Electricity Section, Anna Labour Union, Thiruvannamalai and the claim of the workmen were that they have completed 480 days of service and therefore, they must be granted the benefit of the respective services. It is stated that these workmen had completed 480 days of service in 24 Calendar months.

(3.) The writ petitioner/Electricity Board disputed the said contentions of the employees on the ground that these respondents/workmen did not figure in the list of 18,006 contract labourers prepared by the Hon'ble Justice Khalid Commission and hence they cannot be granted with the benefit of permanent absorption under the Permanent Status Act. The petitioner/Board was not aware of the particulars of these respondents/workmen, more specifically, the date of joining, nature of work performed and they have worked for three years as 480 days within the continuous period of 24 calendar months. The respective Assistant Engineers gave certificates only to those contract labourers, who had worked under the contractors. Thus, the contention of the workmen is that the Assistant Engineer concerned had extracted work from the contract labourer, is false and incorrect. It is contended that there is no record in possession of the Tamil Nadu Electricity Board to show that the respondents/workmen have worked 480 days in 24 calendar months as per their claim. Some of the works of the respondents/workmen were performed through award of tenders to the contractors and the amounts are paid to the respective contractors. The wages as applicable were not paid directly to the workers to the Tamil Nadu Electricity Board. Thus, the claim of the respondents/workmen cannot be entertained at all.