Casual workers cannot seek permanent employee status:HC by Sekar Reporter · December 6, 2019 Casual workers cannot seek permanent employee status:HCThe Madras high court said that casual labourers cannot seek permanent employee status based on labour court orders passed mechanically PTI, Chennai,DEC 05 2019, 11:05AM ISTUPDATED: DEC 05 2019, 11:10AM ISTMadras High Court. (DH Photo)The Madras High Court on Wednesday held granting permanent employee status to casual labourers based on the orders of the Labour court would become an illegal channel of appointment and amount to violation of Constitutional provisions, including reservation.Such as practice was going on for the purpose of securing public appointments across the state, more specifically, in government undertakings, organisations and departments, the court said adding it would encourage backdoor entry bypassing recruitment norms.Coming down on the Inspectors of Labour for mechanically passing orders conferring such permanent status without following the legal principles settled by the Supreme Court, Justice S M Subramaniam said the contract workers have no right of permanent absorption and join work knowing the terms and conditions.The judge made the observations in his order dismissing a petition jointly filed by 33 people who were appointed during 2003-2008 on daily wages basis as Electricians and Maintenance Assistants in the Tamil Nadu Water Supply and Drainage Board (TWAD Board).The petitioners sought a direction to the TWAD authorities to implement the order of Labour Court which had directed grant of permanent status for them under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.“However, the fact remains that the casual labourers and daily wage rated employees who were engaged by the government departments or government undertakings or organisations are very much aware of their engagements and they have no right of permanent absorption,” the judge said.Having joined duty knowing the conditions, the modus operandi being adopted by these casual laborers or their organisations/unions was to file an application before the Inspector of Labour, get a routine order of the permanent status and file a petition seeking its implementation and secure permanent appointment.This was in violation of the Constitutional scheme of appointments and recruitment rules can never be approved by the high court, the judge said.In the event of granting permanent status for these causal labourers, based on the orders of the Inspector of Labour under the conferment of Permanent Status Act, then the back door route created by these authorities would become an illegal channel of appointment and consequently, it would amount to violation of the Constitutional mandates,” he said.Reservation norms, merit and selection process were not followed, he said adding such practice would lead to corrupt activities and the Constitutional rights of all eligible candidates, who all are aspiring to secure public employment, would remain infringed.Thus, such method of granting conferment of permanent status can never be approved by the Constitutional Courts.The petitioners stated that they have completed 480 days of continuous service in a period of 24 calendar months, and therefore, they were entitled to get permanent status, as per Section 3(1) of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981.Casual workers cannot seek permanent employee status:HCCasual workers cannot seek permanent employee status:HCThe Madras high court said that casual labourers cannot seek permanent employee status based on labour court orders passed mechanically PTI, Chennai,DEC 05 2019, 11:05AM ISTUPDATED: DEC 05 2019, 11:10AM ISTMadras High Court. (DH Photo)The Madras High Court on Wednesday held granting permanent employee status to casual labourers based on the orders of the Labour court would become an illegal channel of appointment and amount to violation of Constitutional provisions, including reservation.Such as practice was going on for the purpose of securing public appointments across the state, more specifically, in government undertakings, organisations and departments, the court said adding it would encourage backdoor entry bypassing recruitment norms.Coming down on the Inspectors of Labour for mechanically passing orders conferring such permanent status without following the legal principles settled by the Supreme Court, Justice S M Subramaniam said the contract workers have no right of permanent absorption and join work knowing the terms and conditions.The judge made the observations in his order dismissing a petition jointly filed by 33 people who were appointed during 2003-2008 on daily wages basis as Electricians and Maintenance Assistants in the Tamil Nadu Water Supply and Drainage Board (TWAD Board).The petitioners sought a direction to the TWAD authorities to implement the order of Labour Court which had directed grant of permanent status for them under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.“However, the fact remains that the casual labourers and daily wage rated employees who were engaged by the government departments or government undertakings or organisations are very much aware of their engagements and they have no right of permanent absorption,” the judge said.Having joined duty knowing the conditions, the modus operandi being adopted by these casual laborers or their organisations/unions was to file an application before the Inspector of Labour, get a routine order of the permanent status and file a petition seeking its implementation and secure permanent appointment.This was in violation of the Constitutional scheme of appointments and recruitment rules can never be approved by the high court, the judge said.In the event of granting permanent status for these causal labourers, based on the orders of the Inspector of Labour under the conferment of Permanent Status Act, then the back door route created by these authorities would become an illegal channel of appointment and consequently, it would amount to violation of the Constitutional mandates,” he said.Reservation norms, merit and selection process were not followed, he said adding such practice would lead to corrupt activities and the Constitutional rights of all eligible candidates, who all are aspiring to secure public employment, would remain infringed.Thus, such method of granting conferment of permanent status can never be approved by the Constitutional Courts.The petitioners stated that they have completed 480 days of continuous service in a period of 24 calendar months, and therefore, they were entitled to get permanent status, as per Section 3(1) of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981.
Election case full order of THE HON’BLE MR. JUSTICE M.DURAISWAMY AND THE HON’BLE MRS.JUSTICE T.V.THAMILSELVI W.P.Nos.3785, 3801, 3802 of 2022 and W.M.P.No.3913 of 2022 in W.P.No.3785 of 2022 and W.M.P.Nos.3926 of 2022 in W.P.No.3801 of 2022 W.P.No.3785 of 2022 G.Raghupathi .. Petitioner Vs. 1.The Secretary to Government, Ministry of Home Affairs, Government of India, North Block, New Delhi – 110 001. 2.Tamil Nadu State Election Commission, 206/N, Jawaharlal Nehru Road, Jai February 18, 2022 by Sekar Reporter · Published February 18, 2022
In the light of the above discussion, this Court does not find any ground to interfere with the impugned proceedings of the second respondent dated 23.10.2020 and hence, no consequential direction can be given to the second respondent to hold an enquiry and to apportion the compensation in favour of the petitioner. 18. In the result, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 11.12.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm N.ANAND VENKATESH, J. sm TO:- 1.The Sole Arbitrator/ District Collector, National Highways 744-A, Collectorate, Madurai. 2.The Competent Authority Cum District Special Revenue Divisional Officer (Land Acquisition), National Highways 744-A, Door.No.5A, Baskar Complex, Besant Road, Chinnachokkikulam, Madurai. Order made in W.P.(MD)No.17347 of 2020 Dated: 11.12.2023 December 15, 2023 by Sekar Reporter · Published December 15, 2023
Hope There Are No More Covid Waves”: Chief Justice On Reopening Courts Treading with caution, Chief Justice of India NV Ramana said that officials do not “want to take any risk because of the medical advice”. Cji September 27, 2021 by Sekar Reporter · Published September 27, 2021