Tamil Nadu Civil Supplies Corporation Limited v. Inspector of Labour, 3rd Zone, Chennai
2014-11-17
N.PAUL VASANTHAKUMAR, P.R.SHIVAKUMAR
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Judgment N. Paul Vasanthakumar, J. 1. Heard Mr.C.Munusamy, learned counsel appearing for the appellant and Mrs.A.Shrijayanthy, learned Special Government Pleader appearing for the first respondent and Mr.V.Prakash, learned Senior Counsel appearing for the second respondent. 2. This writ appeal is filed by the Tamil Nadu Civil Supplies Corporation against the order made in W.P.No.23978 of 2004, dated 29.9.2011. The appellant has filed the above said writ petition challenging the order of the Inspector of Labour, 3rd Zone, Chennai-35 dated 31.1.2003 giving permanency to the respondents 2 and 3 under Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 noticing the fact that respondents 2 and 3 have completed more than 480 days of continuous service in 24 calendar months as required under Section 3(1) of the said Act. 3. The contention of the appellant before this Court is that even though the respondents 2 and 3 are entitled to get permanency, as ordered by the Inspector of Labour, 3rd Zone, Chennai-35, which was confirmed by the learned single Jude, the first respondent authority was not right in giving direction to pay the salary in the scale of pay of Rs.2550-55-2660-60-3200 with effect from 23.1.1999. In support of the said contention, the learned counsel appearing for the appellant has submitted that the V Pay Commission benefit then extended to the Tamil Nadu Civil Supplies Corporation employees in cadre of Sweepers was less than the salary ordered by the Inspector of Labour, which was confirmed by the learned single Judge. 4. However, the learned counsel for the appellant has not produced any Government Order or Proceedings prescribing lesser scale of pay, than the one ordered to be granted by the Inspector of Labour, 3rd Zone, Chennai-35 in his order dated 31.1.2003, which was confirmed by the learned single Judge by order dated 29.9.2011 in W.P.No.23978 of 2004. 5. The learned Senior Counsel appearing for the second respondent, on the other hand, submitted that all other permanent employees in the cadre of Sweeper are being paid the scale of pay of Rs.2550-55-2660-60-3200 as on 23.1.1999 and the second respondent is willing to receive the salary as it was paid to the permanent employees in the same cadre. The said submission of the learned Senior Counsel appearing for the second respondent is recorded. The learned counsel for the appellant is satisfied with the said submission. 6.
The said submission of the learned Senior Counsel appearing for the second respondent is recorded. The learned counsel for the appellant is satisfied with the said submission. 6. In such circumstances, the writ appeal is disposed of by clarifying the position that the private respondents 2 and 3 are entitled to get salary as it was applicable to the permanent employees of the Tamil Nadu Civil Supplies Corporation as on 23.1.1999 in the cadre of Sweeper with other benefits extended from time to time. The appellant is directed to calculate the arrears payable to the private respondents 2 and 3 and pay the same, within a period of two months from the date of receipt a copy of this order. No costs. Consequently, M.P.No.1 of 2012 is closed.