R.ARUL Vs. TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION
LAWS(MAD)-2019-11-593
HIGH COURT OF MADRAS
Decided on November 07,2019

R.Arul Appellant
VERSUS
Tamil Nadu Electricity Generation And Distribution Respondents

JUDGEMENT

- (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 employee.
(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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