M.P. PARASURAMAN Vs. GENERAL MANAGER

JUDGEMENT

(1.) The instant Writ Petition is filed to quash the impugned order Ref. No.TP.HR-LAW dated 27.07.2012 passed by the respondent and also sought for a direction to the respondent to implement the order passed by the Deputy Chief Inspector of Factories, Trichirappalli in his Proceedings in Rc.No.C1/3088/98, dated 05.07.1999 and grant the service benefits as directed therein to the Petitioner in the same way as has been granted to the similarly placed employees on implementing the orders passed by the Deputy Chief Inspector of Factories in Proceedings Rc.No.C1/3088/98 dated 05.07.1999 based upon the orders passed by this Court.

(2.) According to the petitioners, the petitioners are employees of the respondent's company. Originally, they were engaged as Casual Labourers. They filed a petition under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act , 1981, before the Deputy Chief Inspector of Factories, Trichy and on 22.12.1993 declared that the petitioners and similarly placed persons were entitled to conferment of permanent status and were declared as permanent employees. This Order was challenged by the respondent in W.P. Nos.1843 and 1999 of 1994 and the same was dismissed by the learned Single Judge. Subsequently, the respondent has preferred an appeal in W.A. Nos.312 & 313 of 1995, dated 05.11.1997 the same was allowed and directed the respondent to issue orders conferring permanent status. Thereafter, the petitioners have approached the management and submitted a letter, dated 16.09.1999. The respondent has also agreed to give an appointment order to the petitioners as fresh entrants against regular vacancies and the proposal was submitted before the Deputy Chief Inspector of Factories, Trichirappalli who in turn in his proceedings No.C/8510/99, dated 24.09.1999 directed the management to appoint them after foregoing the continuity of employment as per offer of appointment, dated 23.09.1999 and accordingly, the petitioners were appointed. However, four persons who were not agreeable to the offer made, have filed a writ petition in W.P. No. 1006 of 2000 seeking permanent employment and other attendant benefits in terms of the order of the Deputy Chief Inspector of Factories, Trichirappalli, dated 05.07.1999. The respondent also preferred another writ petition in WP No. 15347 of 2000 to quash the order, dated 05.07.1999 and this Court by its order, dated 23.12.2009 directed the management to pay all the consequential benefits to the petitioners therein as fixed by the competent authority viz., the Deputy Chief Inspector of Factories, Trichirappalli. Thereafter, the writ petitioners in W.P No.1006 of 2000 were given permanent status, with effect from the date of their initial appointment. In so far as the petitioners concerned, the benefits of continuity of service and the attendant benefits were not granted to them. Aggrieved over the same, they made representation dated 19.03.2012 to the respondent for extension of the similar benefits to them also. But the said representation was rejected on 27.07.2012. Aggrieved over the same, the petitioners are before this Court.

(3.) According to the petitioners, while, the Division Bench of this Court passed an order confirming the permanent status, with effect from the date of initial engagement along with other consequential benefits, the order applies to all the petitioners equally. Only, four persons have got the relief with effect from the date of their initial appointment. The petitioners made a representation on 19.03.2012 followed by reminder for extension of those benefits. It was rejected by respondent on 27.07.2012. According to the petitioners the same benefit should be extended to the similarly placed persons like, petitioners and non extension of that benefits is not valid and is violative of Article 14 of Constitution of India.