- (1.)BY consent of both sides, the writ petition is taken up for final disposal.
(2.)W.P.No.27249 of 2005 is filed to quash the order of the first respondent dated 6.6.2005 wherein the first respondent ordered permanent status to the respondents 2 to 7 from 8.10.2004 in the Modern Mill owned by the Tamil Nadu Civil Supplies Corporation.
W.P.No.27250 of 2005 is filed to quash the order of the first respondent dated 6.6.2005 ordering permanent status to the second respondent in the said Modern Rice Mill from 12.10.2005.

The case of the Civil Supplies Corporation, who is the petitioner in both the writ petitions is that the petitioner Corporation had entrusted the work of loading and unloading of stocks at godown to Maistrys, who in turn engage loadmen and sweepers, while lorries arrive at the godown. The said loadmen and sweepers are engaged by the said Maistry for doing the work of loading, cleaning and sweeping paddy/rice spilled during the course of loading and unloading and they are paid wages by the Maistry concerned. The Corporation had neither paid their wages directly nor had any Master-Servant relationship at the time of sweeping and cleaning or loading and unloading. The Corporation is not maintaining any record with regard to the service particulars of the respondents.

(3.)THE respondents 2 to 7 in W.P.No.27249 of 2005, who are sweepers and respondent No.2 in W.P.No.27250 of 2005, who is loadman, filed application before the first respondent claiming permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, on the ground that they are continuously working in the godown for more than ten years and they have completed 480 days of continuous service within a period of 24 calendar months. According to the petitioners, the Corporation is fully owned by the Government of Tamil Nadu and therefore it is exempted from the applicability of the Tamil Nadu Shops and Establishments Act, 1947, as well as the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, and therefore the first respondent has no authority to deal with the petitions filed by the respective respondents in these writ petitions. According to the petitioners the said ground was raised as preliminary objection and requested further time to file detailed counter statement and the first respondent, without considering the said objections, has allowed the petitions filed by the workmen/respondents in these writ petitions holding that the said act will apply to the petitioner Corporation and the respondents, having worked for more than 480 days continuously within a period of two years, are entitled to get permanent status from the date of their petitions i.e, from 8.10.2004.
The said order passed by the first respondent granting permanent status to the workmen/respondents are challenged in these writ petitions by contending that the first respondent has no jurisdiction to entertain the claim made by the respondents and order permanent status as the petitioner Corporation is fully owned by the Government of Tamil Nadu. In the application filed before the first respondent, respondents in these writ petitions have stated that they are working as sweepers/loadman in the Modern Rice Mill, Neyveli, for more than 10 years and they have completed more than 480 days of service within a period of 24 calendar months and therefore they are to be made permanent under the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, and the said claim of the respondents were resisted by the petitioner only by raising objection that the petition is not maintainable before the first respondent in view of the judgment of this Court reported in 2003 (2) LLN 89 (T.N.Civil Supplies Corporation Ltd. vs. B.Purishothaman) holding that Tamil Nadu Civil Supplies Corporation is established by the State Government and therefore Tamil Nadu Shops and Establishments Act, 1947 cannot be applied against the Civil Supplies Corporation Limited.