G.R.SRINIVASAN Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The relief sought for in the present writ petition is to direct the 1st respondent to order conferment of permanent status to the writ petitioner as directed by the 2nd respondent in proceedings dated 02.04.1998.

(2.) The petitioner states that he was working as a Contract Labourer in the 1st respondent Electricity Board for several years. The petitioner claims that he had completed 480 days of service within a continuous period of service. Accordingly, the petitioner made a representation to the 2nd respondent to grant permanent status on par with other similarly placed persons. The petitioner states 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 petitioner, based on the services rendered by him as a Contract Labourer, filed a petition before the Inspector of Labour under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act , 1981, and the Inspector of Labour passed an order on 02.04.1998, granting the benefit of permanent status in favour of the writ petitioner. However, the said order has not been implemented by the 1st respondent. Thus, the petitioner is constrained to move the present writ petition for a direction to implement the orders of the Inspector of Labour.

(3.) The 1st respondent Electricity Board disputed the contention on the ground that the name of the writ petitioner 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 1st 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.