The Management, Tamil Nadu State Transport Corporation (Madurai) Ltd. vs The Labour Inspector and Others

S. Vaidyanathan, J.—This Writ Petition has been filed challenging the order dated 07.03.2014 passed by the first respondent/the Labour Inspector, directing the petitioner herein to give permanent status to the petitioner/second respondent herein.

The learned counsel appearing for the petitioner would submit that the petitioner had involved in a misconduct, for which, disciplinary action has been initiated and that he was absent from service and misbehaved with the authorities by using abusive words. When the disciplinary proceedings were initiated, the second respondent has approached the authority seeking permanent status and the authority in terms of the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, has passed an order conferring permanent status on the workman stating that the workman has completed 480 days of service for the period of 24 calendar months. The petitioner/Management has assailed the order of conferring permanent status on the workman/second respondent on two grounds. Firstly, it has been stated that since the second respondent was suspended from service, he cannot maintain the claim for Permanent Status before the authority. Secondly, it has been stated that the second respondent''s case would be considered and he would be appointed as a Conductor only on the seniority basis as and when vacancy arises. Apart from that, his service is also found to be not satisfactory. Since the second respondent has misbehaved with the authorities, during the pendency of disciplinary proceedings, his case ought not to have been allowed by the authority concerned.

The learned counsel for the second respondent would contend that the suspension or pendency of departmental proceedings is not a bar for an employee to approach the authority seeking permanent status.

Heard both sides.

The petitioner/Management has not disputed the fact that the second respondent/employee has rendered 480 days of continuous service for a period of 24 calendar months in terms of Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. In terms of the deeming provisions contained in Section 3 of the Act, the employee is deemed to have attained permanent status irrespective of the fact whether he has been suspended or disciplinary proceeding has been initiated against him. This Court is not giving any findings with regard to the suspension or with regard to the charges that has been framed against the employee and the disengagement on that ground and the appeal petition that has been pending before the Tribunal at Madras. As long as there was no cessation of employee and employer relationship, the employee is entitled to maintain his claim of permanent status before the authority concerned and the authority concerned is empowered to pass orders and the said exercise has been done correctly by the authority concerned. Since the authority has rendered a finding on fact, the order passed by the authority cannot be interfered with and I find no reason to quash the order passed by the first respondent dated 07.03.2014.

If an employee approaches the authority when there is employer-employee relationship, a petition for permanent status is maintainable even if the said employee is disengaged after filing of permanent status case. If an employee is already ousted of his duties, he cannot maintain a petition before the authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 till the cessation is set aside by the competent authority or Court.

In case, a casual or temporary employee, who is out of service, challenges his non-employment or termination, the Labour Court in respect of the dispute under Section 2A of the Industrial Disputes Act, 1947, while setting aside the cessation of employment and directing the reinstatement of the employee with continuity of service, can direct the Management to treat the employee as a permanent employee, as the grant of "continuity of service" will automatically result in extension of permanent status to the employee.

In view of the above, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.