claim justifying
demand for regularization and permanency. So far as the
demand seeking regularization and status of permanent
workmen for the concerned persons is concerned ... concerned workmen and / or month of service completed
by the concerned workmen and / or fact that the
concerned workmen have worked continuously with the
petitioner
facto permanent or de jure permanent on the relevant
date. Indeed, the names of the de facto permanent workmen would be on
the rolls ... workmen cannot be the basis to legitimize discriminatory treatment meeted
out to similarly placed workmen. As aforesaid, the named workmen though
treated temporary workmen
workers, if seek the relief so as to be treated as permanent workmen, it may be a matter for Industrial Adjudicator to decide ... possible for the respondent-Dairy to provide work even to its permanent workmen; large number of permanent workmen are surplus in the Dairy and with
when the respondentworkman demanded
salary on the basis of pay scale, as if the respondentworkman is a permanent
workman, such prayer was never ... reference. Ultimately, the
workman was reinstated on 17th November, 1999.
(v) Now, the respondentworkman treated himself as a permanent
workman. This is an erroneous
fixed term contract as permanent with effect from
01.03.2025 and to pay them all legal benefits payable as
a permanent workman.
3. The brief facts ... volume of work orders and workload,
in addition to employing permanent workmen, the
petitioner company engaged certain employees on a
fixed term contract (FTC) basis
statutes, especially the conferment of permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 . The second respondent/competent ... service as workmen to seek permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 . The learned single Judge
Bonus/ex-gratia towards achieving the above objective, ensure that permanent workmen who have been enjoying such benefits are not affected in any way. Management ... were not permanent workmen. They were only temporary workmen. The 12(3) settlement dated 26.12.1992, clearly states that only the permanent workmen will be entitled
that 'badli workman' means a workman who is employed in an industrial establishment in the place of another workman whose name is borne ... actually be employed when a permanent worker is absent. So construed, it would mean that when a permanent workman is absent and when a badli
direction to make payment to such
workmen at the minimum pay scale of similarly situated
workmen on permanent basis remained unaffected. This
direction was confirmed ... permanent work the
extent to which permanent nature of work is available in
each trade and corresponding necessity of number of
permanent workmen to discharge
edible oils, soaps
and certain by products, and employed about 700 permanent
workmen for the purpose. However, for loading and unloading
seed and oil cake ... region, the work of
feeding the hoppers was carried on by permanent workmen.
Hence, the Tribunal held that the company should carry out
this work
