M.RAJENDRAN Vs. TAMILNADU ELECTRICITY GENERATION

JUDGEMENT

(1.) The relief sought for in the present writ petition is to direct respondents 1 to 3 to implement the order of the fourth respondent made in E/2305/99 dated 02.08.2005 under the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and thereby direct respondents 1 to 3 to absorb the petitioners in the first respondent-Corporation as permanent employees.

(2.) The petitioners state that they were working as Daily Labourers in the first respondent Electricity Board for several years. The petitioners claim that they had completed 480 days of service within a continuous period of service. Accordingly, the petitioners made representations to the respondent Board to grant permanent status on par with other similarly placed persons. The petitioners state that Justice Khalid Commission submitted a report recommending permanent absorption in respect of contract labourers, who served 480 days in 24 months. Pursuant to the report, the Committee short listed the eligible persons and accordingly, the benefit of permanent absorption was granted. The petitioners, based on the services rendered by them as Contract Labourers, filed petition before the Inspector of Labour, Cuddalore under the Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, and the Inspector of Labour passed an order on 02.08.2005, granting the benefit of permanent status in favour of the writ petitioners. However, the said order has not been implemented by the respondent Board. Thus, the petitioners are constrained to move the present writ petition for a direction to implement the order of the Inspector of Labour, Cuddalore.

(3.) The respondent Electricity Board disputed the contentions on the ground that the name of the writ petitioners did not figure in the list of Contract Labourers by Hon'ble Justice Khalid Commission and therefore, the benefit of permanent absorption cannot be granted. The first respondent Electricity Board in respect of certain persons is unable to secure the records with reference to the work details and in fact, these contract labourers were engaged by the private contract labourers with whom, the Tamil Nadu Electricity Board entered into an agreement to execute the works on behalf of the Electricity Board.