High Court · 2025

W.P.No.32566 of 2024 etc.,IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.02.2025CORAM :THE HONOURABLE MR. JUSTICE M. DHANDAPANIW.P.Nos.32566, 24575, 24578, 24580, 24581, 24585, 24782, 24783, 25109, 25110, 25130, 25131, 25477, 25480, 25481, 25484, 25485, 25680, 25683, 25685, 25861, 25866, 25871, 25877, 32526, 32530, 32534, 32713, 32718 and 32922 of 2024and W.M.P.Nos.26891, 26899, 26905, 26896, 26893, 27114, 27117, 27119, 27436, 27439, 27454, 27455, 27841, 27844, 27847, 27849, 27850, 28054, 28055, 28059, 28062, 28233, 28239, 28240, 35350, 35354, 35358, 35392, 35554, 35557 and 35737 of 2024,Prayer in W.P.No.32566 of 2024The Superintending Engineer,Tamil Nadu Generation and Distribution Corporation,General Construction Circle-I, Guindy,Chennai-600 032. ... PetitionerVs.1.The Assistant Commissioner of Labour (Enforcement) Authority under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981, Kanchipuram-631 502.2.M.Vignesh ... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the order of the first Respondent, in Na.Ka.No.582/2018 and quash its order dated 20.10.2023.1/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,For Petitioner:Mr.Anand Gopalanfor M/s.Agam LegalFor Respondents:Mr.M.MuraliGovernment Advocate [R1]Mr.L.Arulmozhivarmanfor R2*****COMMON ORDERThese Writ Petitions have been filed seeking for a Writ of Certiorari, to call for the records of the first Respondent, in relation to the proceedings in Na.Ka.No.582 of 2018 dated 20.10.2023 and quash the same as illegal.2. The case of the petitioner is that, the private respondents/workmen filed claim petitions under Section 3 of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981 (in short 'the Act') before the first respondent. The private respondents are contract labourers and they are hired by independent contractors and the said contract is a registered contract as per the provisions of Contract Labour (Regulation and Abolition) Act, 1970. The first respondent inadvertently adjudicated the issue and passed award in favour of the private respondents/workmen that their claim can be entertained in terms of Section 3 of the Act. Challenging the same, the above writ petitions have been filed.2/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,3. The learned counsel for the petitioner submits that, the private respondents/workmen were engaged through contractor and their claim can be adjudicated either under the Contract Labour (Regulation and Abolition) Act, 1970 or under the Industrial Disputes Act, 1947. In the present case, the first respondent, without jurisdiction, adjudicated the issue under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981, which is not sustainable. In support of his contention, he relied upon the judgment of this Court in W.A.Nos.273 & 275 of 2020, dated 20.01.2023. Accordingly, he prays for allowing the above writ petitions.4. The learned counsel appearing for the private respondents did not dispute the facts submitted by the learned counsel appearing for the petitioner.5. Heard the learned counsel for the petitioner, learned Government Advocate appearing for the first respondent and the learned counsel appearing for the private respondents and perused the materials available on records.3/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,6. The Division Bench of this Court, in W.A.Nos.273 & 275 of 2020, has passed the following judgment on 20.01.2023 :“Learned counsel appearing for the appellants-workmen would submit that the issue involved in these appeals is squarely covered by a Division Bench decision of this Court in W.P.No.4061 of 2013 and Batch, dated 07.03.2022.2. Paragraph 34 of the above said decision reads as under :“34. We have considered the submission aforesaid and find that the order passed by the Labour Inspector needs to be interfered with remand of the case. It is, however, to be made clear that the Labour Inspector would not cause enquiry beyond the powers given under the Act of 1981 and thereby would not be having jurisdiction to adjudicate the complicated questions of fact and law in reference to any other statute than the Act of 1981. The Labour Inspector may, for the purpose of conducting summary enquiry, allow the parties to produce documents and if any of the workmen has completed 480 days of continuous service in 24 calendar months, appropriate directions can be issued for granting permanency. However, even if such an order is issued, it should be with a clear finding about each workman and the number of working days by referring to the period of 24 calendar months. The benefit as to the consequences thereupon would be only for the period of employment and if any of the workmen is discontinued or not in service, he would be entitled to the benefit only for the period of service and not beyond that and, that too, after the completion of 4/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,continuous service of 480 days in 24 calendar months, and not for a prior period. The direction aforesaid is not driven by the settlement for the reason that the workmen herein are those who were not extended the benefit of settlement and, therefore, sought claims by maintaining claim separately. However, it would not preclude both the sides from entering into settlement, if they so choose, during the period of summary enquiry by the Labour Inspector. The issue as to whether the respondents fall within the definition of “workman” is however decided against the petitioner Corporation, as not only a settlement was entered, but adjudication about claim to seek permanency has been decided earlier in reference to similarly placed.”3. In view of the above said decision of this Court, these Writ Appeals are also disposed of. However, we make it clear that the authority can go into the question as to whether the contract is sham and nominal and, if it is sham and nominal, he has no authority to decide the issue and the matter has got to be decided either before the Industrial Adjudicator or the authority under the Contract Labour (Regulation and Abolition) Act,1970. The authority is expected to decide the issue as early as possible on day-to-day basis, without adjourning the matter beyond seven working days at any point of time, as the same is pending for more than 25 years. No costs.”5/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,7. In view of the above said decision of this Court, the impugned orders passed by the first respondent, dated 20.10.2023 are set aside. The private respondents/workmen are at liberty to raise a dispute either under Section 2(k) of the Industrial Disputes Act, 1947 or under the Contract Labour (Regulation and Abolition) Act, 1970 before the Industrial Tribunal in the manner known to law.8. Accordingly, the Writ Petitions are allowed. No costs. Consequently, the connected miscellaneous petitions are closed.14.02.2025Index : Yes / No Speaking order / Non-speaking orderNeutral Citation Case : Yes / NossbToThe Assistant Commissioner of Labour (Enforcement) Authority under the Tamil Nadu Industrial Establishment(Conferment of Permanent Status to Workmen) Act, 1981,Kanchipuram-631 502.6/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,M.DHANDAPANI, J.ssbW.P.No.32566 of 2024 etc.,14.02.20257/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,W.P.Nos.32566, 24575, 24578, 24580, 24581, 24585, 24782, 24783, 25109, 25110, 25130, 25131, 25477, 25480, 25481, 25484, 25485, 25680, 25683, 25685, 25861, 25866, 25871, 25877, 32526, 32530, 32534, 32713, 32718 and 32922 of 2024M.DHANDAPANI, J.These matters are listed today under the caption "for being mentioned" at the instance of the Registry.2. In order dated 14.02.2025, W.M.P.No.27114 of 2024 has been wrongly mentioned and hence, the same shall be deleted.3. Registry is directed to carry out necessary correction in the order dated 14.02.2025 and issue fresh order copy to the parties. 26.03.2025ssb 8/9 https://www.mhc.tn.gov.in/judis W.P.No.32566 of 2024 etc.,M.DHANDAPANI, J.ssb W.P.Nos.32566, 24575, 24578, 24580, 24581, 24585, 24782, 24783, 25109, 25110, 25130, 25131, 25477, 25480, 25481, 25484, 25485, 25680, 25683, 25685, 25861, 25866, 25871, 25877, 32526, 32530, 32534, 32713, 32718 and 32922 of 202426.03.20259/9