C. ShennaKesavan v. The Chairman, Tamil Nadu Electricity Board
2012-01-09
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioners have approached this Court with a prayer for issuance of a writ in the nature of Mandamus, to direct the respondent no.1 to 3 to absorb the petitioners as regular employee in the Board, as per order dated 09.05.2011 (A/2466/2010) issued by the 4th respondent, on the representation of the petitioners. 2. The petitioners are working as contract labourers in the office of the Junior Engineer, O & M, Santhur, under the control of the respondent no.3 since 1994-95. The petitioners were doing the works of erection of poles and street lights, H.T., L.T., works, Transformer structural works, dismandling and re-erection of poles. The case of the petitioners is that in view of the fact that the petitioners have put in number of years of service, and that the persons who had less experience and were juniors to the petitioners stood regularised by the Board, but relief of regularisation was denied to the petitioners. 3. The petitioners invoked provision 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 for being absorbed in the service of the Board. 4. Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 reads as under: "(3.) Conferment of permanent status to workmen.--(1) Notwithstanding anything contained in any law for the time being in force every workman who is in continuous service for a period of four hundred and eighty days in a period of twenty four calendar months in an industrial establishment shall be made permanent. (2) A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike, which is not illegal, or a lockout [***] or a cessation of work which is not due to any fault on the part f the workman.
Explanation I.--[For the purposes of computing the continuous service referred to in sub-sections (1) ad (2), a workman shall be deemed to be in continuous service during the days on which---]; (i) He has been laid off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946) or under any other law applicable to the industrial establishment; (ii) he has been on leave with full wages, earned in the previous years; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks. [Explanation II.-- For the purposes of this section, law includes any award, agreement, settlement, instrument or contract of service whether made before or after the commencement of this Act.]" 5. The case of the petitioners is that the application, filed by the petitioners was accepted and the Inspector appointed under the act, passed an order dated 09.05.2011 directing the grant of permanent status to the petitioners. 6. The case of the petitioners is that in spite of the order passed in exercise of statutory under Section 3, the respondents have not implemented the order in spite of the number of representations made by the petitioners in this regard. 7. The petitioners therefore, pray for issuance of writ in the nature of mandamus to direct the respondents to implement the order passed under Section 3 of the Act. 8. On consideration, I find that the writ petition to be misconceived. The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 provides remedies to enforce the orders passed thereunder. 9. Section 6 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 reads as follows: "(6.) Penalties.-(1) Every employer who contravenes the provisions of section 3 shall be punishable with fine which may extend to five thousand rupees and in the case of continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.
[(2) Every employer who contravenes the provisions of any rule made under section 10 shall be punishable, for a first offence, with fine which may extend to five hundred rupees, and for a subsequent offence, with fine which may extend to one thousand rupees.] [(3)] No prosecution for an offence punishable under the section shall be instituted except with the previous sanction of the prescribed authority." 10. The remedy with the petitioners therefore is to work out their remedies under Section 6 of the Act, as the specific statutory remedy is provided to the petitioners for enforcement of order. 11. The jurisdiction of this Court under Article 226 cannot be invoked as prayed for. 12. The writ petition is ordered to be dismissed, with liberty to the petitioners to work out their remedy under the statute. 13. No costs.