Madras High Court
The Management Of Tamil Nadu vs The Labour Inspector on 3 September, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan, R.Vijayakumar
W.A.(MD) No.1061 of 2020
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
W.A.(MD) No.1061 of 2020
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,
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W.A.(MD) No.1061 of 2020
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
JUDGMENT
[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.
2. The 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
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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.
3. The 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.
4. The 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
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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.
5. The 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.
6. The 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
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To:
The Management of Tamil Nadu
State Transport Corporation
(Madurai) Limited,
Madurai Division,
Byepass Road,
Madurai.
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C.V.KARTHIKEYAN, J.
and
R.VIJAYAKUMAR, J.
PKN
03.09.2025
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