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Our Legal Correspondent

Chennai , Dec. 16

THE Madras High Court has directed the Tamil Nadu Electricity Board to pass "appropriate'' orders conferring permanent status on contract workers in accordance with the law.

Upholding the validity of the orders passed by the Inspectors of Labour under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act asking the Board to give these workers, numbering over 1,000, permanent status with all consequential service benefits, Mr Justice F.M. Ibrahim Kalifulla said that the TNEB should pass appropriate orders on the category of employment and the nature of jobs to be allotted to them. They were to be fitted in any other post with the corresponding scale of wages/scales etc and the benefits available to them shall be prescribed by the Board.

On the basis of the workmens' claim and proof submitted thereof that they had worked for 480 continuous days during 24 calendar months, the Inspectors of Labour had passed orders directing the Board to grant permanent status to the workmen. The inspectors would be fully competent to issue an order conferring permanent status on the workmen based on the evidence available and based on the enquiry held by them. To hold otherwise would only defeat the whole purpose of the Act, the judge said.

The TNEB, in its writ petitions, sought to set aside the orders on the ground that it was beyond the scope of power and jurisdiction of the Inspectors to grant such a relief. The Tamil Nadu Min Varia Oppanda Thozhilalar Sangam (TNEB Contract Labour Union) filed a petition seeking to issue a direction to the Board to give effect to the orders issued by the Inspectors of Labour.

The judge did not agree with the contention that the Inspector of Labour was not the right forum for the workmen and that they should have approached the Industrial Disputes Tribunal. It would not mean that by exercising the power under the provisions of the Act, the Inspector would be trespassing on the adjudication process contemplated in the Industrial Disputes Act.

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