The Chairman, Tamilnadu Electricity Board vs The Inspector of Labour

N. Paul Vasantha Kumar, J.—Heard Mr.M.Fakkir Mohideen, learned counsel appearing for the appellants and Mrs.A.Shrijayanthy, learned Special Government Pleader appearing for the 1st respondent and M/s.K.M.Vijayan Associates for the 2nd respondent.

This writ appeal is filed against the order made in W.P.No. 22003 of 2010, dated 07.4.2011, wherein the Award dated 31.3.2009 passed by the Inspector of Labour, Cuddalore was upheld by the learned single Judge along with the connected writ petitions by following the Division Bench judgment of this Court made in W.A.No. 1302 of 2003, dated 24.10.2008 along with the connected batch of writ petitions.

Brief facts are that the 2nd respondent was working in the appellants transmission line construction office and was doing tower line works from the year 1990 to 2007 and was paid wages by the appellants'' Board from 1990 to 1997 through Petty Cash Book and after the cancellation of Petty Cash Book, the 2nd respondent was serving as Contract Labourer for more than 17 years under K2 agreement holders and was receiving wages from the Board. On 11.9.2007, 66 similarly placed workers out of 94 workers and on 25.1.2008, 30 workers were given permanency in service by the appellants and the 2nd respondent name was not included in the list of permanency in service stating that the appellants establishment in its letter has stated that the 2nd respondent worked from 1990 to 1994 and thereafter, there is no continuation of service. Therefore, the 2nd respondent filed a petition before the Inspector of Labour, Cuddalore to grant him permanency in service. The Inspector of Labour, Cuddalore, by Award dated 31.3.2009, passed an order directing the appellants Management to grant permanency in service to the 2nd respondent taking into consideration the date of completion of 480 days of employment in a period of 24 calendar months from the date of joining employment as an employee, within a period of 30 days from the date of receipt of the copy of the order. The said order of the Inspector of Labour, Cuddalore is challenged by the appellants in W.P.No. 22003 of 2010. The learned single Judge, by common order dated 7.4.2011, upheld the Award of the Inspector of Labour, Cuddalore and dismissed the writ petitions with a direction to the Board to implement the Award within a period of six weeks from the date of receipt of the copy of the order. Against the said order made in W.P.No. 22003 of 2010, the appellants have filed the writ appeal.

During the course of arguments, a question was raised by the 2nd appellant by filing an additional affidavit stating that the Award passed by the Inspector of Labour, Cuddalore dated 31.3.2009 was a bogus one and the Hon''ble Supreme Court in S.L.P.Nos. 24740-24741 of 2012, dated 8.4.2013, granted liberty to file review petitions concerning the Awards, which are forged and therefore, the writ appeal has to be allowed.

To verify the genuineness of the Award of the 1st respondent, which was allegedly claimed as forged by the appellants, this Court, by order dated 25.9.2011 directed the 1st respondent-Inspector of Labour, Cuddalore or the person, who passed the Award to appear before this Court.

On 08.12.2014, the then Inspector of Labour, Cuddalore Tmt.G.Sasikala, who is now working as Deputy Commissioner of Labour, Salem appeared before this Court on the basis of the summon issued to her and submitted that the summons issued in the proceedings as well as the Award dated 31.3.2009 passed were signed by her and prayed for time to file an affidavit to that effect.

On 08.12.2014 itself, an affidavit was sworn by Tmt.G.Sasikala, wife of C.A.Shanmugam, presently working as Deputy Commissioner of Labour, Salem, which reads as follows:-

"I am the petitioner herein and third party in the above writ appeal. The appeal filed against the order of writ petitioner dated 07.04.2011. The writ petition filed for permanent status as permanent worker. The writ petitioner received summons dated 17.10.2008, 25.09.2008, 17.10.2008, 05.11.2008 and 26.03.2009 which was signed by me and also after receipt of summons enquiry conducted on 07.01.2009, 28.01.2009, 18.02.2009, 16.03.2009 and final order was passed on 31.03.2009 by me with ref. No. E/2146/08 and duly signed by me in the original order and communicated the same on 31.03.2009 itself.

I therefore accepting that the signatures in the summons and also in the final order is duly signed by me. I request the Hon''ble Court may kindly dispose off writ appeal and thus render justice."

In the light of the said affidavit filed by the then Inspector of Labour, Cuddalore, now working as Deputy Commissioner of Labour, Salem, we are of the view that the main ground raised by the appellants to attack the order of the learned single Judge fails and in other respects, the matter in issue is being covered by the order of the Division Bench of this Court, as stated supra. We find no reason to interfere with the order of the learned single Judge.

Hence, the writ appeal is dismissed and the appellants 2 and 4 are directed to implement the order of the Inspector of Labour, Cuddalore dated 31.3.2009, which was affirmed by the learned single Judge, within a period of four weeks from the date of receipt of the copy of this order. No costs. Consequently, M.P.No. 1 of 2013 is closed.