Dear All,
Recent judgement on Permanency (480 days)
Regularise workers with 480 days of service in 2 years: Court
Regularise workers with 480 days of service in 2 years: Court - Times Of India
CHENNAI: Even as thousands of casual and contract employees in various government-run entities in the state are awaiting regularization of their services, the Madras high court has held that if an employee has put in continuous service for 480 days in two calendar years, then his/her service should become permanent automatically.
A division bench comprising Justice Elipe Dharma Rao and Justice M Venugopal was passing orders on the petition of R Lakshmi, whose husband Raju was employed with TNEB contractors at Mettur dam between 1991 and 1999. From 1999 till his death in November 2003, Raju was a helper with TNEB on contract. Lakshmi moved the court seeking his retirement benefits and a job for her daughter under compassionate grounds. TNEB had earlier rejected her application, saying Raju was only a contract worker and his service was never regularized.
"A workman, who has rendered a continuous service of 480 days in a period of 24 calendar months, should be conferred with the permanent status in an establishment. A reading of the Section 3 (1) of the Tamil Nadu Industrial Establishments (conferment of permanent status to workmen) Act, 1981, unerringly points out that it is the duty of an employer to confer permanent status on a workman, who has completed 480 days of service in a period of 24 months," the bench said.
The judges said such an employee would automatically become a permanent employee even if the employer had not conferred them with the permanent status or even if no direction was issued by the competent authority under the Act.
The judges directed the TNEB to grant all retirement and terminal benefits to Lakshmi within four weeks, and asked the board to consider giving a job to her daughter on compassionate grounds too. Relying on a set of Supreme Court judgments, the judges said that every employer should maintain a register of workmen. The list should also be sent to the inspector of factories every six months.
The state-run entities like liquor retailer Tasmac, transport corporations and TNEB employ a large number of contract workers. Tasmac's 25,000-strong workforce is mostly made up of contract workers.
Regards,
Ramkishore
From India, Bangalore
53Recent judgement on Permanency (480 days)
Regularise workers with 480 days of service in 2 years: Court
Regularise workers with 480 days of service in 2 years: Court - Times Of India
CHENNAI: Even as thousands of casual and contract employees in various government-run entities in the state are awaiting regularization of their services, the Madras high court has held that if an employee has put in continuous service for 480 days in two calendar years, then his/her service should become permanent automatically.
A division bench comprising Justice Elipe Dharma Rao and Justice M Venugopal was passing orders on the petition of R Lakshmi, whose husband Raju was employed with TNEB contractors at Mettur dam between 1991 and 1999. From 1999 till his death in November 2003, Raju was a helper with TNEB on contract. Lakshmi moved the court seeking his retirement benefits and a job for her daughter under compassionate grounds. TNEB had earlier rejected her application, saying Raju was only a contract worker and his service was never regularized.
"A workman, who has rendered a continuous service of 480 days in a period of 24 calendar months, should be conferred with the permanent status in an establishment. A reading of the Section 3 (1) of the Tamil Nadu Industrial Establishments (conferment of permanent status to workmen) Act, 1981, unerringly points out that it is the duty of an employer to confer permanent status on a workman, who has completed 480 days of service in a period of 24 months," the bench said.
The judges said such an employee would automatically become a permanent employee even if the employer had not conferred them with the permanent status or even if no direction was issued by the competent authority under the Act.
The judges directed the TNEB to grant all retirement and terminal benefits to Lakshmi within four weeks, and asked the board to consider giving a job to her daughter on compassionate grounds too. Relying on a set of Supreme Court judgments, the judges said that every employer should maintain a register of workmen. The list should also be sent to the inspector of factories every six months.
The state-run entities like liquor retailer Tasmac, transport corporations and TNEB employ a large number of contract workers. Tasmac's 25,000-strong workforce is mostly made up of contract workers.
Regards,
Ramkishore
From India, Bangalore
This judgment might hold good for contractual services running for 480 dyas or more in Tamil Nadu since there is a Stae Act to to regularise such service. Whether the same holds good for other states is to be seen.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
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