In a writ petition under Article 226, the Madras High Court directed the Inspector of Labour to dispose of the petitioner's pending application for conferment of permanent status to contract labour within eight weeks, relying on batch case directions.
Directive to the third respondent to dispose of the petition within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.NO.8146 OF 2022
K.Velusamy
... Petitioner
Vs.
... Respondents
Prayer:
Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the 3rd respondent to dispose of the petition filed by the petitioner in Na.Ka.No..E/2777/2013 within a time frame fixed by this Court by following the directions issued in the order dated 07.03.2022 made in W.P.No.4061 of 2013 etc., batch cases.
For Petitioner : Mr.K.Sasindran
For R1 & R2 : Mr.Anand Gopalan for M/S.T.S.Gopalan & Co. Standing Counsel For R3 : Mrs.S.Anitha Special Government Pleader
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
The petitioner has been working as Contract Labour for more than 20 years. The respondents regularised many persons, who were engaged as casual labours much later to the petitioner, but did not absorb the petitioner in the service of Board. The petitioner and others filed representation in case No.Na.No.2777 of 2013 under the provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workman) Act, 1981 before the third respondent seeking conferment of permanent status and absorption in the Board. Though enquiry was conducted till the year 2016, thereafter, it was stalled. This court in W.P.No.4061 of 2013 batch Cases, vide order dated 07.03.2022, held that the Inspector of Labour have power to decide the issue relating to Conferment of Permanent Status of Contract Labour working in the Tamil Nadu Electricity Board and gave certain directions to decide the petitions by following summary procedure. Hence this writ petition.
i) The third respondent is directed to consider the petition filed by the petitioner in Na.Ka.No.E/2777/2013 and pass orders on its own merits and in accordance with law, as early as possible, within a period of eight weeks from the date of receipt of a copy of this order.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mst
To
Chennai – 600 002.
+1cc to Mr.K.Sasindran, Advocate, S.R.No.23143
+1cc to M/S.T.S.Gopalan & Co, Advocate, S.R.No.23137
+1cc to the Government Pleader, S.R.No.23624
W.P.No.8146 of 2022
PM(CO) PM/27/04/2022
1 issue framed by the court
Whether the Inspector of Labour should dispose of the petitioner's application for conferment of permanent status within a fixed time frame.
Colour shows how this judgement treated each authority
W.P.No.4061 of 2013Referred¶22
2 provisions across 2 enactments
K. Velusamy
The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd.
The Superintending Engineer, Coimbatore Electricity Distribution Circle
The Inspector of Labour, Tirupur
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
