R.ARUL Vs. TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION
HIGH COURT OF MADRAS
Tamil Nadu Electricity Generation And Distribution
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(1.) The relief sought for in the present writ petition is to direct respondents 1 to 3 to implement the order of the fourth respondent
made in E/523/04 dated 09.03.2005 under the provisions of the Tamil
Nadu Industrial Establishments (Conferment of Permanent Status to
Workmen) Act , 1981 and thereby direct the respondents 1 to 3 to
absorb the petitioner in the first respondent-Corporation as permanent
(2.) The petitioner states that he was working as a Daily Labourer in the 1st respondent Electricity Board for several years. The petitioner
claims that he had served for more than 18 years and had completed
480 days of service within a continuous period of service. Accordingly, the petitioner made representations to the 2nd and 3rd respondents to
grant permanent status on par with other similarly placed persons.
The petitioner states 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 petitioner, based
on the services rendered by him as a Contract Labourer, filed a
petition before the Inspector of Labour, Cuddalore under the
Tamilnadu Industrial Establishments (Conferment of Permanent Status
to Workmen) Act , 1981, and the Inspector of Labour passed an order
on 09.03.2005, granting the benefit of permanent status in favour of
the writ petitioner. However, the said order has not been
implemented by respondent Board. Thus, the petitioner is constrained
to move the present writ petition for a direction to implement the
orders of the Inspector of Labour.
(3.) The first respondent Electricity Board disputed the contentions on the ground that the name of the writ petitioner 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 first 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.;
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