The Madras High Court bench dismissed writ appeals filed by the TCMS and workmen against an order regularizing employment. The court held that 480 days of work within two years entitled the workmen to benefits regardless of their job classification as reserve drivers.
Writ appeals 1455 and 1456 of 2018 and connected miscellaneous petitions dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
The Management of
Tamilnadu State Transport Corporation, (Madurai) Limited, Madurai Division, Bye Pass Road, Madurai.
-Vs-
1.The Labour Inspector, Ellis Nagar, Madurai – 625 016.
.. 1st Respondent/Respondent in both cases
2.S.Senthil .. 2nd Respondent/Respondent in W.A.(MD).No.1455 of 2018 2.S.Selvaganapathy .. 2nd Respondent/Respondent in W.A.(MD).No.1456 of 2018
COMMON PRAYER: Petitions filed under Clause 15 of Letters Patent, praying to set aside the orders passed by this Court in W.P.(MD). Nos.3493 and 3557 of 2016, dated 20.02.2018.
Prayer in WP(MD). 3493/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the 1st respondent in his proceeding in Na.Ka.No.Aa/5620/14 dated 19.08.2015, quash the same.
Prayer in WP(MD). 3557/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the 1st respondent in his proceeding in https://hcservices.ecourts.gov.in/hcservices/ Na.Ka.No.Aa/5621/14 dated 19.08.2015 quash the same.
2
In both cases: For Appellant : Mr.A.Jeyaram
For Respondents : Mr.A.Mu.Sharavanan for Caveator
COMMON JUDGMENT
[Judgment of the Court was made by M.M.SUNDRESH, J.]
These writ appeals are directed against the order of the learned Single Judge, who, by a speaking order, confirmed the order of the Inspector of Labour in regularizing the service of the second respondents in both cases, after giving the factual findings that they were working 480 days within 24 consecutive calendar months.
Sd/Assistant Registrar(CS-III)
/True Copy/
+2CC to Mr.A.Mu.Sharavanan, Advocate, SR.No.91602
W.A.(MD)Nos.1455 and 1456 of 2018 24.10.2018
ES/SKN/SAR 4/30.10.2018/2P/3C
PJL
2 issues framed by the court
Whether reserve drivers are entitled to benefits under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.
Whether the regularization order passed after findings of 480 days of work within 24 months was erroneous.
1 provisions across 1 enactments
The Management of Tamilnadu State Transport Corporation, (Madurai) Limited
The Labour Inspector, Ellis Nagar, Madurai
S.Senthil
S.Selvaganapathy
M.M.Sundresh
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
