ANNA THOZHIL SANGAM Vs. CHAIRMAN

JUDGEMENT

(1.) The relief sought for in the present writ petition is to direct the respondents herein to absorb petitioners 2 to 92, who are the members of the first petitioner-Sangam herein, as permanent employees of the respondent-Board as per the order dated 14.09.2011 passed by the fourth respondent-Inspector of Labour, Circle III, Nandanam, Chennai in Na.Ka.No.E/1361/2011 and to grant consequential monetary benefits and seniority from the date of conferment of permanent status.

(2.) The petitioners state that they were working as Contract Labourers in the respondent Electricity Board for several years. The petitioners claims that they had completed 480 days of service within a continuous period of service. Accordingly, the petitioners made a representation to the second respondent 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 a petition before the Inspector of Labour under the Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, and the Inspector of Labour passed an order on 14.09.2011, granting the benefit of permanent status in favour of the writ petitioners. However, the said order has not been implemented by the third respondent. Thus, the petitioners are constrained to move the present writ petition for a direction to implement the orders of the Inspector of Labour.

(3.) The respondent-Electricity Board disputed the contention on the ground that the names 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 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.