Allowed¶65

The Managing Director v. The Assistant Commissioner of Labour

Madras HC17 Feb 2026WA/809/2025

Case brief

AI extract

What is this about?

TWAD Board; Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981; conferment of permanent status; contract employees; turn cock / valve operators; electrical superintendent; special law prevails over general law; Tamil Nadu Water Supply and Drainage Board Act 1970; service regulations; Article 12 Constitution of India; Clause 15 Letters Patent; intra-court writ appeal allowed; Inspector of Labour summary procedure; 480 days service; Nagapattinam; Thiruvarur; neutral citation 2026:MHC:771.

What did the court decide?

Writ Appeals allowed; the writ orders dated 11.07.2024 made in WP.Nos.15694/2020, 27929, 3310, 3308/2021, 2320, 2307, 2510, 2516 & 4298 of 2022 set aside; no costs; connected CMPs closed; Registry directed to incorporate cause title for all cases and issue order copy. ¶65

The Managing Director Vs The Assistant Commissioner of Labour — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act apply in respect of the employees or contract employees engaged by the TWAD Board Establishment to execute projects or for any other work.

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Court's answer

TWAD Board is fully owned by the State Government and is a 'State' within the meaning of Article 12 of the Constitution; it was constituted under the Tamil Nadu Water Supply and Drainage Board Act, 1970, and the service regulations notified thereunder relating to recruitment, confirmation, promotion and seniority apply to appointments made by the TWAD Board.

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Ratio / Principle

When the special enactment (TWAD Board Act, 1970) and the service regulations framed under it are in force, the general law cannot be applied; the special enactment and the Regulations framed thereunder alone prevail.

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Key takeaways

The legal position is no more res integra: this Court has elaborately considered the invocation of the 1981 Act in Executive Engineer, TWAD Board v. T.Kandhan (WP.No.21648 of 2016, dt. 22.09.2022) and v. Thangadurai (WP.No.15377/2018, dt. 17.10.2022); learned Senior counsel for the appellant submitted those judgments were not appealed and became final.ratio¶59
The respondents were admittedly engaged as contract employees in the TWAD Board; therefore the provisions of the Conferment of Permanent Status Act, being a general law, do not apply to them.ratio¶60
Any grievance of such contract employees must be redressed under the provisions of the Tamil Nadu Water Supply and Drainage Board Act or the Service Regulations framed thereunder by the Government, as adopted by the Board.

Detailed headnote1 paragraphs

Madras High Court Division Bench (S.M. Subramaniam and C. Kumarappan JJ.; judgment authored by S.M. Subramaniam J.) allowed a batch of nine writ appeals (WA Nos.809, 888, 815, 837, 838, 839, 840, 892 & 894 of 2025) filed under Clause 15 of the Letters Patent by the Managing Director and Executive Engineer of the Tamil Nadu Water Supply and Drainage (TWAD) Board against writ orders dated 11.07.2024 which had confirmed Inspector of Labour orders conferring permanent status on contract employees (turn cock/valve operators and an electrical superintendent) under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. Holding that the TWAD Board, fully State-owned and a 'State' under Article 12, is constituted under the Tamil Nadu Water Supply and Drainage Board Act, 1970 and governed by special service regulations, the Court held that where the special enactment and regulations are in force the general law cannot be applied; the 1981 Act, being general law, does not apply to the Board's admittedly contract-employed respondents, whose grievances lie under the Board Act/Service Regulations. Relying on its earlier unappealed decisions in T.Kandhan (WP.No.21648 of 2016, dt. 22.09.2022) and Thangadurai (WP.No.15377/2018, dt. 17.10.2022), the Court set aside the writ orders in WP.Nos.15694/2020, 27929, 3310, 3308/2021, 2320, 2307, 2510, 2516 & 4298 of 2022, allowed the appeals with no costs, and closed the connected CMPs.

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2026:MHC:771

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WA No.809 of 2025 etc., batch

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-02-2026

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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WA Nos.809, 888, 815, 837, 838, 839, 840, 892 & 894 of 2025 AND CMP NOS. 7001, 7005, 7100, 7099,7399, 7533, 7544, 7548, 7501, 7543, 7547, 7502, 7531, 7815, 7973, 7035 & 7037 OF 2025

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WA No. 809 of 2025

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The Managing Director TamilNadu Water Supply and Drainage Board, No.31. Kamarajar Salai, Chepauk, Chennai 600 005

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The Executive Engineer TamilNadu Water supply and Drainage Board, Maintenance Division, 303, Public office Road, Velipalayam, Nagapattinam.

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Appellant(s)

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The Assistant Commissioner of Labour Enforcing Authority under Tamil Nadu Industrial Establishment (Conferment of Permanent status of Workmen) Act 1981, Thiruvarur.

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2.G.Senthilmurugan Electrical Superintendent, S/o.Govindarajulu,

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1/8

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https://www.mhc.tn.gov.in/judis

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WA No.809 of 2025 etc., batch

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12, Ramamadam North street, Nagapattinam, Nagapattinam

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3.T.Gnanavel

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Turn cock (Valve Operator), S/o.Thangavel, South street, Ovalikudi, Mavoor Post, Thiruvarur Taluk, Thiruvarur District

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4.J.Manuneedhi Turn cock (Valve Operator), S/o.Jeyaraman, 1/18,Nadu Street, Veppanthankudi, Mavoor post, Thiruvarur District

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5.S.Manimaran

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Turn cock (Valve Operator), S/o.Subramanian, 53, V.O.C. street, Keevalur, Nagapattinam District

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6.T.Manimaran

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Turn cock (Valve operator), S/o.Thaiyan, Arrangarai street, Eluppur, Koothur post, Keevalur Taluk, Nagapattinam District

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7.A.Bharathinathan

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Turn cock(Valve Operator), S/o.Athithanathan, Attipadugai, Thiruchankattankudi post, Nagapattinam District.

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8.G.Sankaraiah

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Turn cock (Valve operator), S/o.Ganesan, 1/123, Sri Ramarkoil Street, Karuvelankadai, Anthanapettai post, Nagapattinam District.

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2/8

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https://www.mhc.tn.gov.in/judis

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WA No.809 of 2025 etc., batch

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9.D.Senthilkumar Turn cock (Valve Operator), s/o.Duraisamy, Jeyanthi Nagar, Panaimedu, Sikkal post, Nagapattinam District

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10.K.Mahalakshmi Turn cock(Valve Operator), w/o.Karunanidhi, 2/6, Kittangi street, Keelakannapur, Thirukkuvalai Taluk, Nagapattinam District

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11.K.Mathivanan Turn cock(Valve Operator), S/o.Kumarasamy, No.4, Santhaipettai, Thevoor, Kezhveloor Taluk, Nagapattinam District

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Respondent(s)

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PRAYER

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Writ Appeal filed under Clause 15 of the Letters Patent, praying to allow

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the WA and set aside the order dt. 11.07.2024 in WP No.3310/2021.

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For Appellant(s): Mr.S.Ravindran Senior Counsel for Ms.S Mekhala For Respondent(s): Dr.S.Suriya AGP for R1 Ms.N.Sivashankari for M/s.Law Square For R2, R3, R5, R6 And R9 ********

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3/8

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https://www.mhc.tn.gov.in/judis

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WA No.809 of 2025 etc., batch

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COMMON JUDGMENT

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(Judgment of the Court was made by S.M.Subramaniam J.)

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The present intra Court Appeals under Clause 15 of Letters Patent have been instituted to assail the writ orders dated 11.07.2024 granting permanent status to employees serving in Tamil Nadu Water Supply and Drainage Board.

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2.The respondents/employees claimed that they are engaged as

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contractual employees and served more than 240 or 480 days of service. Thus, they have filed applications before the Inspector of Labour under the provisions of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen), Act, 1981. The Inspector of Labour through summary procedures granted the relief of permanent status under the Act. The said proceedings came to be challenged by way of writ proceedings and the Writ Court has confirmed the said order mainly on the ground that the employees served 480 days of service in the TWAD Board Establishment, and therefore, they are entitled for conferment of Permanent status under the Act.

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3.The issue mainly arises in these cases are that, whether the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to

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4/8

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https://www.mhc.tn.gov.in/judis

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WA No.809 of 2025 etc., batch

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Workmen) Act would apply in respect of the employees or contract employees engaged by the TWAD Board Establishment to execute projects or for any other work?

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4.TWAD Board is fully owned by the State Government and therefore, a “State” within the meaning of Article 12 of the Constitution of India. TWAD Board has been constituted by virtue of an enactment viz., Tamil Nadu Water Supply and Drainage Board Act, 1970. In exercise of the powers conferred under the Act, service regulations are notified by the Government in respect of the employees serving in Water Board. The service regulations are framed relating to recruitments, confirmation of services, promotion, seniority etc., and the said service Rules would apply in respect of the appointments made by the TWAD Board.

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5.When the special enactment and the service regulations framed under the provisions of the Act are in force, the general law cannot be applied and the special enactment and the Regulations framed thereunder alone would prevail. Therefore, the employees seeking relief has to approach the competent authority or forum under the provisions of the Tamil Nadu Water Supply and Drainage

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5/8

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https://www.mhc.tn.gov.in/judis

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WA No.809 of 2025 etc., batch

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Board Act or the Service Regulations framed thereunder by the Government of Tamil Nadu, since it is a Special law. The issues in this regard are no more res integra and in the case of the Executive Engineer, Tamil Nadu Water Supply and Drainage Board Vs. T.Kandhan and others made in WP.No.21648 of 2016 dated 22.09.2022 and WP.No.15377/2018 dated 17.10.2022 in the case of the Executive Engineer, Tamil Nadu Water Supply and Drainage Board Vs. Thangadurai and others , this Court has elaborately considered the legal position involved in the matter of invoking the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. The learned Senior counsel appearing on behalf of the appellant would submit that the said judgment was not taken by way of an appeal and became final.

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6.At the out set, the respondents were admittedly engaged as contract employees in the TWAD Board. Therefore, the provisions of conferment of permanent status Act would not apply, since it is a General law. If at all any grievance exist to them, they have to redress their grievance under the provisions of the Tamil Nadu Water Supply and Drainage Board Act or the Service Regulations framed thereunder by the Government, as adopted by the Board.

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6/8

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https://www.mhc.tn.gov.in/judis

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WA No.809 of 2025 etc., batch

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7.In view of the above legal position, the writ order impugned dated

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11.07.2024 made in WP.Nos.15694/2020, 27929, 3310, 3308/2021, 2320, 2307, 2510, 2516 & 4298 of 2022 are hereby set aside and the Writ Appeals are

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allowed. No costs. Consequently, connected CMPs are also closed.

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(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 17-02-2026

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kmi

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Note:- Registry is directed to incorporate cause title for all the cases and issue order copy.

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1.The Assistant Commissioner of Labour Enforcing Authority under TamilNadu Industrial Establishment (Conferment of Permanent status of Workmen)Act 1981, Thiruvarur.

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7/8

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https://www.mhc.tn.gov.in/judis

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WA No.809 of 2025 etc., batch

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S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

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kmi

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WA No. 809 of 2025 etc., batch