The Management of Tamilnadu State Transport Corporation (Madurai) Limited, v. The Labour Inspector

J U D G M E N T [Judgment of the Court was made by C.V.KARTHIKEYAN, J.] The writ petitioner in W.P.(MD) No.22667 of 2016 is the appellant herein. The writ petition had been filed questioning the order of the first respondent, Labour Inspector at Madurai in proceedings dated 19.08.2015 and to quash the same.

¶2The second respondent/R.Nallamani, Driver in Pudur Branch in Tamil Nadu State Transport Corporation (Madurai) Limited, was engaged as a Reserve Driver from 27.03.2013. He then filed a petition before the first respondent/Labour Inspector under the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. He contended that he had worked for a continuous period of 480 days and hence, he should should be recognized as a permanent workman. The first respondent in the writ petition/Labour Inspector had passed an order in affirmity on his representation. This was questioned by the writ petitioner/Management of Tamilnadu State Transport Corporation (Madurai) Limited by filing the writ petition.

¶3The learned Single Judge by order dated 11.12.2018, had taken note of an earlier order in a similar issue heard before a Division Bench in W.A.

(MD) Nos.1455 and 1456 of 2018 and holding that the order by the Division Bench was binding on the learned Single Judge, had modified the order and directed that the second respondent will have permanency with effect from

27.03.2013 only on the expiry of 480 days and not from the date of initial employment.

¶4The order in W.A.(MD) No.1455 of 2018 related to S.Senthil and S.Selvaganapathy and a review was filed against the order before the Division Bench which was rejected and the matter also travelled up to the Hon'ble Supreme Court in S.L.P (Civil) Nos.16136 – 16137 of 2024 and by an order dated

17.07.2025, the Special Leave Petitions were dismissed. We are informed that subsequently, regularization had been done and necessary monetary benefits had also been accorded.

¶5The appeal has to naturally suffer an order of dismissal. The second respondent is directed to be conferred with permanent status on and from

28.02.2015 the date on which he had completed 480 days of continuous employment. He is eligible for all monetary and other applicable service benefits.

¶6The Writ Appeal stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. [C.V.K., J.] [R.V., J.]

03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PKN To: The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Division, Byepass Road, Madurai. oC.V.KARTHIKEYANoo,oJo. and oR.VIJAYAKUMARoo,oJo. PKN W.A.(MD)oNo.1061oofo2020

03.09.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025 CORAM: THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD) No.5828 of 2020 1.The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Division, Byepass Road, Madurai. ... Petitioner/ Appellant -vs- 1. The Labour Inspector, Ellis Nagar, Madurai-625 016. 2. R.Nallamani, Driver. DV.77254, Pudur Branch, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Division, Bye Pass Road, Pudur, Madurai-625 007. ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 11.12.2018, passed in W.P.(MD) No. 22667 of 2016, on the file of this Court. For Appellants : Mr.Naveen Chandar for M/s.J.Senthil Kumaraiah For R1 : Mr.T.Amjad Khan Government Advocate