IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.01.2010 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NOs.2329, 2330, 2331, 2332, 2333,14026, 7516, 7552 and 7517 of 2000, 4874 to 4878 of 2001, 8338 to 8340 of 2001, 18292, 18302, 18307, 18314, 26084 of 2001, 7298 and 7304 of 2000, 26969 of 2003, 17768 of 2004, 7004 of 2000 and 22799 to 22802 of 2001 and WMP NO.11109 OF 2000, WPMP NOS.32954/2003, 31012 OF 2004 AND 21127 OF 2004 AND 33577 TO 33580 OF 2001 Tata Tea Limited, Velonie Estate, Regional Office, P.B.No.9, Munnar-685 612. represented by its Deputy General Manager (IR), P.G.Prakash Shankar .. Petitioner in W.P.2329 of 2000 Tata Tea Ltd.,Pacchamalai Estate rep.by its Dy.General Manager (IR) P.G.Prakash Shankar ..Petitioner in WP 2330/2000 Tata Tea Ltd., Valaparai Estate rep. by its Dy.General Manager (IR) P.G.Prakash Shankar ..Petitioner in WP 2331/2000 & 22802/2001 Tata Tea Ltd., Vrulikkal Estate rep. by its Dy.General Manager (IR) P.G.Prakash Shankar ..Petitioner in WP 2332/2000 & 22800/2001 Tata Tea Ltd., Pannimedu Estate rep. by its Dy.General Manager (IR) P.G.Prakash Shankar ..Petitioner in WP 2333/2000 & 22799/2001 https://hcservices.ecourts.gov.in/hcservices/ 1.The Bombay Burmah Trading Corporation Ltd., Manimuttar Estate, Nalumukku P.O.627427 Tirunelveli District rep. by its Head- Legal & Personnel Mr.Divakaran Moorkath 2.Divakaran Moorkath Head-Legal & Personnel, Bombay Burmah Trading Corporation Ltd., Mudis P.O.Coimbatore District. .Petitioners in WP 14026/2000 Peria Karamalai Tea & Producer Co.Ltd., Owners: Akkamalai Estate, rep. by its Vice President Thiru N.Swaminathan ..1st Petitioner in WP 7516/00 Mr.N.Swaminathan ..2nd Petitioner in WP 7516/00 WP 7552/00, WP 7517/00 Peria Karamalai Tea Co., Ltd., Owner: Vellamalai Estate, rep. by its Vice President N.Swaminathan ..1st Petitioner in WP 7552/00 WP 8340/2001 Peria Karamalai Tea & Produce Co.Ltd., Nadumalai Estate rep.by its Vice President N.Swaminathan ..1st Petitioner in WP 7517/00 Parry Agro Industries Ltd., Iyerpadi Estate rep.by S.Sivaraman, Manager Finance ..Sole Petitioner in WP 4874/2001, 4875/01 1st petitioner in WP 7298/2000 Parry Agro Industries Ltd., Paralai Estate, rep.by Thiru S.Sivaraman, Manager Finance. ..1st Petitioner in WP 7004/2000 Sole Petitioner in WP 4876/2001 4877/2001 and 4878/2001 Periya Karamalai Tea & Produce Co.Ltd, Owenrs: Nadumalai Estate, rep.by its Vice President, N.Swaminathan ..Petitioner in WP 8338/2001 https://hcservices.ecourts.gov.in/hcservices/ Periya Karamalai Tea & Produce Co. Ltd., Owners:- Karamalai Estate,rep. by its Vice President,Mr.N.Swaminathan ..Petitioner in WP 8339/2001 Management of Paralai Estate Owners Parry Agro Industries Ltd Rep by Thiru Charles Vijayakumar General Manager ...Sole Petitioner in W.P.18292 of 2001 W.P.18307 of 2001 Management of Iyapadi Estate Owners:- Parry Agro Industries Ltd Rep by Thiru Charles Vijayakumar General Manager ... Sole Petitioner in W.P.18302 of 2001 Management of Vellamalai Estate Owner:-Peria Karamalai Tea Producer Ltd. Rep by its Vice President Mr.M.Swaminathan ... Sole Petitioner in W.P.18314 of 2001 Management of Murugali Estate Owners:- Parry Agro Industries Ltd Rep by Thiru Charles Vijayakumar General Manager ...Sole Petitioner in W.P.26084 of 2001 V.Chandrasekar ...2nd Petitioner in W.P.No.7298 of 2000 W.P.No.7304 of 2000 W.P.No.7004 of 2000 Parry Agro Industries Ltd Sheikalmudi Estate rep by S.Sivaraman manager -- finance ...1st Petitioner in W.P.7304 of 2000 Parry Agro Industries Ltd Estates Administration Office, Iyerpadi Coimbatore District ...1st Petitioner in W.P.26969 of 2003 Oliver Pravin Kumar Manager, Iyerpadi Estate Parry Agro Industries Ltd Iyerpadi Post, Valpuram. ...2nd Petitioner in W.P.26969 of 2003 https://hcservices.ecourts.gov.in/hcservices/ Management Vellamalai Estate Owners: Peria Karamalai Tea Producers Co.Ltd Rep by its Vice president Operation K.P.Krishnakumar ... Petitioner in W.P.17768 of 2004 Tata Tea Ltd Velonie Estate Rep by its Deputy General Manager(R) P.G.Prakash Shankar ... Petitioner in W.P.22801 of 2004 Vs. 1.The State of Tamil Nadu represented by its Secretary to Government, Labour and Employment Department, Fort St George, Chennai-9. 2.The Inspector of Plantations, Valparai 642 127 Coimbatore District. 3.The Planters' Association of Tamil Nadu, "Canowie", P.B.No.35, Coonoor 643 101 Nilgiris 4.Kalaiyarasi 5.Selvi 6.Pappathi 7.Neelammal 8.Sumathi 9.Baby 10.Latchumikanthan 11.Govindammal 12.Jayalatchumi 13.Isravel 14.V.Muniammal 15.Annathai 16.Sathiyavelu 17.Selvaraj 18.Kalaiyarasi 19.Velladurai 20.Chinnapillai 21.Chidambaram 22.Madathi 23.Rajan 24.Thiruselvi 25.Suresh 26.Soundarraj 27.Subbaiah 28.Latchumi https://hcservices.ecourts.gov.in/hcservices/ 29.Sundaram 30.Padmaraj 31.Rani 32.Packiam 33.Mariappan 34.Mariammal 35.Paulththai 36.Muthammal 37.Meena 38.K.Subramanian 39.Kavitha 40.P.Leela 41.Aaraai 42.Nataraj 43.Janakikunjammal 44.Baby Prasanna 45.Selva Janaki 46.Dharmaraj 47.P.Manimehalai 48.Rajammal 49.Parimala 50.Chitrakani 51.Padma 52.Rajasekar 53.Ravi 54.Padmavathi 55.RAdhakrishnan 56.Narayanan 57.Jayalatchumi 58.Vanasundari 59.Rajani .. Respondents 1 to 3 in W.P.2329 to 2333/00 Respondents 1 and 2 in W.P.7516, 7552, 7517/2000, 4874 to 4878/2001, 8338 to 8340/01, 18292/01, 18302/01, 18307/01, 18314/01, 26084/01, 7298/00, 7304/00, 20969/03, 17768/04, 7004/00, 22799/01, 22802/01 Respondents 4 to 59 in W.P.2329/00 MUNIAMO RAJESWARI PAZHANIVEL LATCHUMANAN INDIRA SATHEESH KUMAR SURESH ... RESPONDENTS 4 TO 10 IN W.P.2330 OF 2000 https://hcservices.ecourts.gov.in/hcservices/ NATARAJAN SATHIYARAJ GANESAN PANNER CITHRAVEL GANESAN M.RAJ SUBRAMANIAN MURUGESH RAJATHI PANNERSELVAM PAZHANIAMMAL CHELLAMMAL KANNAN PANNERSELVAM DHANALAKSHMI RAVICHANDRAN RENGASAMY SAROJA PONNUSAMY GOVINDARAJ ANNALATCHUMI MURUGESWARAN DURAIRAJ MURUGESH VASANTHI JANAKARAJ NATESAN VIJAYAKUMAR AMARAJOTHI DEVANESAN KUZHANTHAISAMY ELANGO JAYARAJ P.MURUGESAN KANDASAMY PAZHANIAPPAN SANMUGANATHAN CHINNASAMY GOVINDAN NALLATHAMBI ARUMUGAM SENGAIYYAN MANGAI DAIVALALTCHUMI POONGODI ...RESPONDENTS 4 TO 49 IN W.P.2331 OF 2000 BHASKAR NAGARAJ MURUGATHAL SUGUMARAN https://hcservices.ecourts.gov.in/hcservices/ SHEELA ROBIN PAZHANIAMMAL PONNUMANI MURUGESWARI PAULRAJ MUNIYANDI SEETHALATCHUMI SIVAKAMI SANTHAMMAL DAIVANAI VIJAYALATCHUMI VALLIAMMAL RANI SANTHI THANGAVELU SENTHIL SAITHALAI SUBRAMANI MUTHU GULCHAMMA AMEENA DEVI AS.RAJAN MALLIGA GANESAN DEVASEE STELLA CRESY P.SEKAR LATCHUMANAN R.PAZHANIAMMAL PAPPATHY SULAIMAN MERCY ANANDAMMA SELVI CHANDRAN JANAKI MARUTHAI CHANDRA PAZHANISAMY GANAPAPTHY SIVAKAMI S.VASANTHI RAMASAMY PAKKIASAMY PAZHANIAMMAL SARAVANAN AKILA SEETHALATCHUMI MALATHI AKILA https://hcservices.ecourts.gov.in/hcservices/ RAJESWARI RANGARAJ LATCHUMANAN MAHALATACHUMI GOWRI SANMUGATHTHAI K.SUBRAMANI RAMACHANDRAN VAIYAPURI VASUKI RAJESWARI DHARMALATCHUMI KAMALAM LEELA SELVI RAMKUMAR DEIVAKANI SASIKUMAR MURUGAN RANI MANIKANDAN KAMALUTHIN AMUDHAVENI MADASAMY T.GANAPATHY V.PAZHANIAMMAL MARY L.D.RAMAN REKHA SANTHI SIDDICK KASI THANGAMMAL ANGAMMA SAHUL HAMEED CHITRA THANGAN MAHASURINNISSA JAYA BHARATHI KALIAMMA KALARANI RAHEEMA .. Respondents 4 to 102 in WP 2332/2000 KATHEEJA, THIRUMARAN VIJAYAKUMAR, SANMUGATHAI, R.GOMATHI, SURESH, SIVAKUMAR, SARAVANAN, https://hcservices.ecourts.gov.in/hcservices/ VANAJA, RAJA, SARAVANAN, SUBRAMANI, K.GANESWARI, RAJU, SIVALINGAM, MALLIKA, CHELLAMMAL, SIVAKUMAR, JOSEPH, RANJANI, K.LAKSHMI, SARADADEVI, LATCHUMIKUTTI, REVATHI, MANJULA, SUNDARRAJ, RAVIKUMAR, P.RAVIKUMAR, VELMURUGAN, LATCHUMI, D.RANI, KRISHNANKUTTI, HUSSAIN, RAMU, BIJU P.JORGE, SENTHURPANDI, .. Respondents 4 to 39 in W.P.2333/2000 1.State of Tamil Nadu rep. By Secretary to Government, Labour & Employment Dept., Fort St. George, Chennai-600 009. 2.The Inspector of Plantations, Nagercoil. 3.Nalliah 4.Suresh 5.Ramakrish 6.Raju 7.Selvaraj 8.Ramar 9.Sukumaran 10.Muthusamy 11.Subramanian 12.Prabakaran 13.Packiam 14.Jayakumar 15.Mani 16.Vincent 17.Mani https://hcservices.ecourts.gov.in/hcservices/ 18.Balakrishnan 19.Satheeshkumar 20.Rejanikanth 21.Issac 22.Paulraj 23.Balasubramanian 24.Solomon 25.Ponraj 26.Mariammal 27.Anandavalli 28.Patchiammal 29.Chodalai 30.Vimala 31.Devaki 32.Suseela 33.Gandhimathi 34.Jeyarani 35.Muthulakshmi 36.Samadanam 37.Saraswathi 38.Lakshmi 39.Kanakammal 40.Indira 41.Ponnammal 42.Pappa 43.Soosaiammal 44.Petchi 45.Usha 46.Stella Sakunthala 47.Valiammal 48.Rukmani 49.Kannammal 50.Yagammal 51.Rani 52.Marie 53.Ambikavathi 54.Rethinam 55.Arputhamani 56.Ganapathiammal 57.Mary 58.Anthoniamma 59.Arumugathai 60.Kanimary 61.Mariamma 62.Vijayamma 63.Muthulakshmi 64.Thangamma 65.Irudayamary 66.Saroja Respondents 3 to 66 C/o. Manimultar Estate North Division https://hcservices.ecourts.gov.in/hcservices/ 67.Parvathi 68.Alphonse 69.Sundari 70.Daisy 71.Rosemary 72.Sheela 73.Esakiammal 74.Regila Rani 75.Jebamani 76.Maadathi 77.Pappa 78.Muthulakshmi 79.Rosemary 80.Annamarial 81.Antoniyammal 82.Jeyletchumi 83.Regina Mary 84.Saaraal 85.Gnanasoundari 86.Anthonyammal 87.Velliyamma 88.Krishnamma 89.Samuthiravally 90.Thamilselvi 91.Manjula 92.Chellamma 93.Petchiammal 94.Stella 95.Poomani 96.Ramu 97.Jebamani 98.Sulochana 99.Devika 100.Petchiammal 101.Koilamma 102.Banumathi 103.Annapushpam 104.Anthoniammal 105.Elavarasi 106.Petchiammal 107.Kumari 108.Sabanthiral 109.Lathika 110.Mariamma 111.Annaletchumi 112.Elizabeth Rani 113.Prema 114.Petchiammal 115.Uma 116.Ambikadevi 117.Imbarasi 118.Madaswamy https://hcservices.ecourts.gov.in/hcservices/ 119.Yobu 120.Gurusamy 121.Ganeshan 122.Murugan 123.Pushparaj 124.Samuthirakani 125.Velankanni .. Respondents 1 to 25 in W.P.14026/00 Respondents 67 to 125 C/o. Manimultar Estate South Division BALU, THANKAM. JAYARAMAN PALANISAMY. ANANDAN. PARAMAN KALAIARASI. VALARMATHI USHA, NAGARAJAN MANIKANDAN MUTHUSAMY AROCKIAMARY JAYAPACKIAM SELVARANI ESAKIRANI VASUKI THIRUGANAPATHY KANIRAJ MARIAMMAL KAVITHA KANI VARGHESE MOORTHI VALLIAMMAL DEVI ROOPATHI PREMA SWAMINATHAN KALAISELVAN MADASAMY ARPUTHA MARY PARAMASIVAM GANESAN TAMILSELVAN MARIAMMAL VALARMATHI SIVAKAMI KAMATCHI .. Respondents 3 to 41 in WP 7516/00 https://hcservices.ecourts.gov.in/hcservices/ KARUPPASAMY S.RAVI MUNUSAMI DHANDAPANI BABY MURUGESHWARY LAKSHMI TAMILSELVY MUTHURACK JAYALAKSHMI PAULRAJ .. Respondents 3 to 13 in WP 7552/00 REKHA MALARVIZHI MELBA ESTHER SARASWATHY VANATHAIE T.AMUDHA CHITRA .. Respondents 3 to 10 in WP 7517/00 Thangamani .. Respondent 3 in WP 4874/01 Mani .. Respondent 3 in WP 4875/01 Rani .. Respondent 3 in WP 4876/01 Anbuckarasi .. Respondent 3 in WP 4877/01 Samidas .. Respondent 3 in WP 4878/01 DHANASEKARAN T.MANI ARUNAKRIPANDY SEKAR MARIMUTHU ROBERT RANGASAMY SIVALINGAM SAKTHIVEL MAHALINGAM RANJAVARNAM RADHIKA GOWRI PECHIAMMA SELVARANI CHANDRA KALA SARASWATHY STELLA CHELLATHAI SAMADHANAM SELVI LEELAVATHI PUNITHA VELUTHAI https://hcservices.ecourts.gov.in/hcservices/ DURGA KANNAMMA KAUSALYA VANITHA ESTHAR MARUTHAI PACKIALAKSHMI SANTHI VANITHA RAJALAKSHMI JOTHI SUTHA DHANALAKSHMI LATHA INDIRA RAJALAKSHMI ANNALAKSHMI GIRIJA JAMUNARANI THANGAMMAL MANMOHAN DAS GANESAN KANNIAPPAN D.RAJA GOVINDASAMY AYYAPPAN GEETHA ARPUTHAM CHINNAPONNU MALIKA SATHYAVENI AMARAVATHI A.UMA SUMATHI .. Respondents 3 to 60 in WP 8338/2001 SHANMUGHAIAH SELVARAJ THIRUPATHY CHANDRAN MARIAPPAN RAJ SHANMUGAM ARUMUGAM AROCKIAM MARIAPPAN DHARMALINGAM KANTHAIAH RAJENDRAN IYYANAR KUMAR KARUPPUSAMY https://hcservices.ecourts.gov.in/hcservices/ MURUGAN THANGARAJ BALAMEENA MUTHUMARI JAYALAKSHMI AATHILAKSHMI SARASWATHI MUNIAMMAL LAKSHMI SELVI LAKSHMANAN P.GANESHAN KRISHNAMURTHY SAKTHIVEL SUDALAI ANNADURAI PALMURUGAN RAJENDRAN VENKATESAN SHANMUGAVELU RENGANATHAN DHARMAN AUGUSTIN VEERAPANDI G.MARIAMMAL SANTHI VIJAYALAKSHMI JOTHI DEVAMATHA RAJINA THAMAYANTHI RAJAMMAL ANNALAKSHMI PREMA PECHIAMMAL SANTHANAMARY RAJESWARI KOGILA K.KALA ANNAMARY ..Respondents 3 to 58 in WP 8339/01 GANDHI MURUGAN THANGAVEL DHARMARAJ RAMAJEYAM VELUSAMY RAJENDRAN N.P.RAJ KALIMUTHU GANDHI MARIAPPAN https://hcservices.ecourts.gov.in/hcservices/ KAVITHA VICTORIA SELVAKUMAR M.MAHESWARI VANNAMMAL NAGAMMAL SEETHA PAPPAL SANTHI V.MUTHUMANI PANJAVARNAM LATHA ..RESPONDENTS 3 TO 25 IN W.P.NO.8340/01 RAJAN MUNIAMMAL JANSIRANI KALIMUTHU SELVARAJ ...RESPONDENTS 3 TO 7 IN W.P.NO.8292/01 AMMAVASAI RAJENDRAN VISWANATHAN PERIASAMY MAHALAKSHMI SUBRAMANI ...RESPONDENTS 3 TO 8 IN W.P.NO.18302/01 T.THOMAS ...RESPONDENT 3 IN W.P.18307/01 SURESH ...RESPONDENT 3 IN W.P.18314/01 JANMBULINGAM ANJALI SUMITHRA PARVATHI GOVINDAN KALA MANOHARAN KALYANASUNDARI INDIRA MUNIAMMA KAVITHA PARANJOTHI JEYARAJ INDIRA GANDHI DHANALAKSHMI MAHESWARI DEIVANAI VASANTHA ...RESPONDENTS 3 TO 20 IN WP 26084/01 https://hcservices.ecourts.gov.in/hcservices/ INDIRANI MUNIAMMA KANAGU THAMARAISELVI JANAKI KARUPPAYEE KUMAR VINCENT SIVAPACKIAM RAMESH MANIKANDAN USHA KRISHNAVENI MALAR THANGAMMAL MARY IYYAMMAL DHANALAKSHMI RAJAMMAL CHITRA RAVI SRIDHARAN MALARVILI KARUPPAYEE JEYALAKSHMI MARIAMMAL RAKKAMMAL RAVI KAMAL ANNALAKSHMI JEYAN SAROJA SHANTHA SUMATHI ...RESPONDENTS 21 TO 54 IN WP.26084/01 KANNIMUTHU DHANALAKSHMI KALA ESWARI PALANIAMMAL MEENA MURUGALAKSHMI ARUMUGAM MAGALADEVI ALALYAMANI CHANTHIRA JOTHIMANI DEIVANAI MARIAMMAL AMAVASAI ...RESPONDENTS 3 TO 17 IN W.P.7298/2000 https://hcservices.ecourts.gov.in/hcservices/ MANOHARAN GANDHI SAROJINI SELVAGANI SATHYAVANI PADMA SHIVABHAGYAM VEERAMMAL DHANALAKSHMI RUCKMANI MERCY INDIRA KAMSATHA CHINNAPENNU ...RESPONDENTS 3 TO 16 IN WP.NO.7304/2000 CHANDRA MURUGESH SUNDARI RENGANAYAKI SARADHA MERCY CHITRA LOGAMMAL MANIMEGALAI ALAMELU SUMITHRA SHANMUGATHAYEE PARVATHI MARIAMMAL RADHIKA S.P. JAYA BHOOPATHI ANNALAXMI RAVINDRAN EZHILRANI PALANIMUTHU SUMATHI DEVI RAMASAMI SUBRAMANIAM THANGARAJ TAMILAN SELVENDRAN CHINNASAMY ANANDASELVI VIMALA JEYA RAMALAKSHMI CHANDRA THANGAMANI KUNJAMMAL https://hcservices.ecourts.gov.in/hcservices/ TAMILARASI PADMA CHITRA SOLA MADATHI KUNJAMMAL GNANAPACKIAM KALYANI RAMALAKSHMI JEYALAKSHMI AMUDHAVALLI PAVUNTHAYEE AJITHA VELUTHAYEE PARAMESWARI TAMILZHAGHAN MEGALA POOMARI MUTHULAKSHMI ... RESPONDENTS 17 TO 70 WP 7304/2000 P.SOUNDARARAJAN ... 3RD RESPONDENT IN WP 26969/03 PANNEER ... 3RD RESPONDENT IN WP 17768/04 ANBALAGAN JAYAVELU GANDHINATHAN PARVATHI VALLIAPPAN SUNBRAMANI ... RESPONDENTS 3 TO 8 IN W.P.7004/2000 SASEE VELLATHAI REENA SENTHURPANDI SEKHAR HASAN KUTTI MUNIYANDI BASKAR RAJAM SUMATHY VELUMSAMY ...RESPONDENTS 3 TO 14 IN WP 22799/01 LAKSHMANAN DAVID MAHESWARI MARIAMMAL SELVARAJ https://hcservices.ecourts.gov.in/hcservices/ MAHAMAYEE SAKTHIVEL LAKSHMI RAMESH KUMAR CHITRA RAJTHUNDAN SEKAR LATHA MARITHURAI JOHN PHILIP THANGAPANDIAN DEVI BABU SINGARARAJ CHANDRAN SIVAKUMAR RAJESHWARI PONGUDI KALIMUTHU RAVI MOHAMMED VANARAJ LATHA SHANMUGAM RANI THANGAMANI RADHAMANI GANESAN SHANTHI VASANTHI SENTHAMIL SELVI SUMATHI VIJAYAKUMAR THANGADURAI GOVINDARAJ GANESHAN JAYA VELLIANGIRI ...RESPONDENTS 3 TO 45 IN WP 22800/01 BABU SANTHAKUMARI P.RADHA P.RADHA FATHIMA ...RESPONDENTS 3 TO 7 IN WP 22801/01 CHINNATHAMBI DHANALAKSHMI SOLAIAMMAL SAJITHA JAYACHITRA T.MANI KANDAN https://hcservices.ecourts.gov.in/hcservices/ MURUGAN VANATHU RENGASAMY ANTONY, KAIRAN, SUBRAMANIAM, JEYAKUMAR VEERAMUTHU GANDHI RAMAN P.MALA JAYABAL SAROJA RAJA A.ARMUGAM SURESH PERUMAL P.SELVAM ARUNACHALAM RAMAKRISHNAN MUTHUPANDI CHANDRASAMI VEERAPPAN GANDHI MURUGAN AYYATHURAI THANGARAJ SIVA VARGHEESE ... RESPONDENTS 3 TO 37 IN WP 22802/01 Prayer in Writ Petitions Nos.2329 to 2333 of 2000:- Petitions presented under Article 226 of Constitution of India praying for the issue of Writs of (i) certiorarified mandamus to call for the records leading to the impugned orders in Na.Ka.801 of 99, 799/99, 798/99, 800/99, 797/99 dated 10.12.99 by the second respondent in all the petitions and to quash the same and to direct the 1st respondent to consider the exemption applications filed by the Planter Association of Tamilnadu and the Trade union and dispose of the same in accordance with law and Prayer in Wps.14026, 7516, 7552, 7517/00, 4874 to 4878, 8338 to 8340, 18292, 18302, 18307, 18314, 26084 of 2001, 7298, 7304 of 2000 , 26969/03, 17768/04, 7004/00, 22799 to 22802/01 ii certiorari call for the records of the second respondent in all the petitions in proceedings No.Na.Ka.No.562/99 dated 30.9.99, 659/99, 658/99 and 657 of 99 dated 4.10.99, 271/99, 273/99, 274/99, 275/99 and 277/99 dated 4.10.2000 893/00, 892/00, 890/00 dated 31.10.2000, 100/01, 101/2001 dated 31.1.2001, 563/00, dated 16.3.2001, 21/01 dated 8.1.2001. 165/01 dated 15.2.2001 656/99 dated 4.10.2009, 76/2000 dated 31.1.2000, 1102/2000 dated 14.11.2002, https://hcservices.ecourts.gov.in/hcservices/ 115/01 dated 29.7.2002, 655/99 dated 4.10.99, 894/00 dated 31.10.2000, 895 /00 dated 31.10.2000, 896/00 dated 31.10.2000 and 897 /00 dated 31.10.2000 respectively. For Petitioners : Mr.E.K.Nandakumar and Mr.P.Vijayan for M/s.King & Patridge in W.P.2329 to 2332/00 Mr.Vijay Narayan, SC for Mr.R.Parthiban in all other Wps For Respondents : Mr.A.Arumugam, Spl.G.P.(W) for R1 & 2 in all the Wps Mr.G.B.Saravana Bhavan for RR6,7,10,11,15,16,18,39,40, 41 and 48 in WP.2329/2000, R8 in WP.2330/2000, R3 in WP.4874 of 2001, RR4 to 6 and 8 in WP.18302 of 2001, R17 in W.P.No.7298 of 2000, R3 in W.P.No.26969 of 2003 Mr.George Williams for RR31 to 33,57 and 58 in W.P.2329/2000, RR4,7 to 9, 11,20 to 22,24,30,31,34,35,37,39 to 41 in W.P.No.2331/2000, RR5 to 7, 13,14 and 21 in W.P.No.2333 of 2000, RR24,25 and 33 in WP.7516/2000, RR3 to 8,11 and 12 in W.P.7552 of 2000, RR8 to 10 in WP.7517/2000. RR14 to 16 and 10 in W.P.No.7298 of 2000, RR43, 45,59,61,62,63,67,69 & 70 in w.P.No.7304 of 2000, R5 in w.P.No.7004 of 2000 Mr.J.Saravanavel for RR17 in W.P.No.2332 of 2000, RR7,13,18,20,24,31,36, 47 to 50, 52 to 54 in WP.8338 of 2001 Mr.N.Sampath for R3 in W.P.No.8338 of 2001 Mr.P.V.Bakthavatchalam for R3 in W.P.No.18307 of 2001 Mr.K.S.Narayanan for R3 in W.P.No.18314 of 2001 https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER I. History of indentured Labour: 1.1.Tea gardens like other industrial establishments must depend on offering sufficient attractions in order to maintain their labour force. The emigrant must be convinced that Assam holds out the opportunities of a better life than is open to him in his home land. If he is not convinced, nothing else will secure a flow of immigrants; if he is convinced it will be difficult to keep him away. (Royal Commission on Labour in India, 1929). 1.2.Many of the tea gardens in Assam and Bengal are situated in highly malarial regions and this has a blighting influence on the health of the workers. Many of the workers are anaemic and fall easy victims to disease. Further, most of the workers are recruited from distant places and life in tea gardens involves for them a change in climate and environments that cannot but have a depressing effect. To make matters worse, it often happens that food ration in tea gardens is not sufficient and most of the workers suffer from malnutrition. 1.3.Nearly all the workers in South Indian gardens are recruited from the plains and the sudden change in elevation, rainfall and climate appreciably lower their resistance to disease. There is also a change in their diet. Women and children employed on work given to the maistry on a contract basis have to work unduly long hours and even instances of corporal punishment of children by the maistries with a view to extracting more work from them are not unknown. No arrangements are made for supplying drinking water to the workers in the field. (Labour Investigation Committee (Main report), (1946) : Page 153.) II. Plantation Labour gets Legal protection: 2.1.The agony of plantation workers (otherwise known as Tea Garden labours) was sought to be remedied only after India became a republic in the form of Plantation Labour Act, 1951. The Act for the first time attempted to provide certain minimum safeguards in respect of health and welfare of Plantation Labours. The Act provides for certain statutory service conditions including housing, hours of work, weekly holidays, leave including annual leave, maternity leave etc. Despite these safeguards, wages payable to workmen were largely left to collective bargaining, failing which notified minimum wages were paid to these workmen. 2.2.Even before that Act, in order to prevent unjustified layoff, retrenchment and closure, the Industrial Disputes Act, 1947 was amended and Chapter V-A was introduced by Amendment Act 43/1953. In relation to application of that chapter, explanation appended to Section 25-A was introduced. Explanation iii states that 'plantation' as defined under Section 2(f) of the Plantations Labour https://hcservices.ecourts.gov.in/hcservices/ Act is also covered by the said chapter and it was also declared as industrial establishment covered by the Chapter. 2.3.Though under Section 25A(1)(b), industrial establishments, which are of seasonal character or in which work is performed only intermittently, were excluded from the purview of Chapter V-A or V- B. If any question arises whether an industrial establishment is of seasonal character or whether work performed therein is only intermittently, the decision of the appropriate Government was made final. 2.4.The workmen and the management of various plantations in Tamil Nadu went in for joint certification of Standing Orders in respect of plantations. The Standing Orders were certified by the Certifying Officer on 24.12.1964. The Standing Orders 4(c) and (d) define temporary workman and causal workman, which are as follows: "4(c)Temporary Workman' means one who is engaged temporarily for a specific period or one who is employed for work for a temporary nature not exceeding 6 months. (d)'Casual Workman' is one who is employed for work not exceeding 15 days continuously and who has no obligation to report for work daily." 2.5.However, as the safeguards, Chapter V-A was not satisfactorily safeguards the workmen from being indiscriminately laid-off or retrenched or denied employment on account of closure, Chapter V-B was introduced into the Industrial Disputes Act, 1947 (inserted by Central Act 32/1976) with effect from 5.3.1976. Under Section 25-L(3), the plantation as defined under section 2(f) of the Plantations Labour Act was also covered by the said Chapter. Under the said Chapter, if an 'industrial establishment' has more than 100 workers, then prior approval of the competent authority/Government is necessary for effecting layoff or retrenchment or closure. Section 25-K(2) also states that if a question arises whether an industrial establishment is of seasonal character or whether work performed therein is only intermittently, the decision of an appropriate Government thereon shall be final. In effect, the said provision is akin to Section 25-A(2). III. National Labour Commission Laments: 3.1.In view of the large scale complaint about the plight of the labours, the Central Government appointed the First National Labour Commission presided by Justice P.B.Gajendragadkar (former Chief Justice of the Supreme Court of India). The said Commission by its extensive hearings covered all industries (both public and private sectors) in India and submitted its report in the year 1969. With reference to the position of casual labour in respect of several industries including the plantations came to the notice of the Labour Commission as found in paragraph 29.26, which is as follows: "...During the course of our inquiries many unions complained that employers arbitrarily terminated the services of casual workers to prevent them from completing the prescribed https://hcservices.ecourts.gov.in/hcservices/ period of service and thus deprived them of the benefits. We have also come across cases particularly in smaller establishments where within a week of termination of service, the same person is engaged afresh for the same job, making the employer's intention obvious." 3.2.The Commission in its recommendation in paragraph 29.29 had recommended as follows: "29.29: ...We consider the prevailing practice of discontinuing employment of a casual worker for short periods and again re-employing him to debar him from enjoying the benefits of a permanent worker as pernicious. We recommend that if employment is discontinued for a short period and the worker is re-employed, this short period should not be treated as a break in service. We also recommend that after a casual worker has completed a stipulated period of service, he should be allowed the same benefits which is a permanent worker enjoys." IV. Tamilnadu Pioneer in permanency legislation: 4.1.It is at this stage, the Tamil Nadu State Legislature enacted the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to workmen) Act, 1981 (Tamil Nadu Act, 46 of 1981), hereinafter referred to as Permanent Status Act. The aim and object of the Act as found in the Statement of Objects and Reasons reads as follows: "Many workers in industrial establishments are being kep under temporary rules and on that pretext are being denied of various statutory as well as non-statutory benefits which are given to permanent workers. Mainly, in many establishments non-permanent workers are given consolidated wages which are far below the occupational wages and do not carry the benefit of dearness allowance paid to permanent employees. Similarly they are denied various other benefits like payment of festival, cyclone and marriage advances, payment of ex-gratia over and above the statutory bonus, supply of uniforms and tea, preference for the dependants of the employees in the matter of employment, etc. In order to curb various unfair labour practices and following the decision at the 25th meeting of the State Labour Advisory Board the Government have decided to undertake a special legislation to confer permanent status to the workers in various industrial establishments who have put in a service for a period of four hundred and eighty days in a period of twenty-four calendar months in such industrial establishments." https://hcservices.ecourts.gov.in/hcservices/ 4.2.This Act applies to every industrial establishment as found in Section 1(3) and it reads as follows: "1(3)It applies to every industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than fifty workmen were employed on any day of the preceding twelve months. If any question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently the decision of the Government thereon shall be final: Provided that the Government may, by notification, apply the provisions of this Act to any industrial establishment employing such number of workmen less than fifty as may be specified in the notification." 4.3.Even under this Act, plantations were covered as found in Section 2(3)(b) of the Act, which reads as follows: "2.Definition.-In this Act, unless the context otherwise requires,- .... (3)"industrial establishment" means-- ..... (b)a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951); or 4.4.The charging provision of the Act is under Section 3, which reads as follows: "3.Conferment of permanent status to workmen.--(1)Notwithstanding anything contained in any law for the time being in force every workman who is in continuous service for a period of four hundred and eighty days in a period of twenty-four calendar months in an industrial establishment shall be made permanent. (2)A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike, which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman. Explanation I.--[For the purposes of computing the continuous service referred to in sub-sections (1) and (2), a workman shall be deemed to be in continuous service during the days on which ---]; (i)he has been laid off under an agreement or as permitted by standing orders made under https://hcservices.ecourts.gov.in/hcservices/ the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946) or under any other law applicable to the industrial establishment; (ii)he has been on leave with full wages, earned in the previous years; (iii)he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv)in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks. [Explanation II.--For the purposes of this section, 'law' includes any award, agreement, settlement, instrument or contract of service whether made before or after the commencement of this Act.]" 4.5.The Inspectors appointed under Section 4 of the Act are empowered to enforce the provisions of the Act and in the course of discharging his duties, if he finds that a workman's name is not found in Form-I, his power is delineated under Rule 6(4), which reads as follows: "6.Maintenance of registers by employers.-- (4)Any employee who finds his name not entered in the list referred to in sub-rule (2) or finds that the entries have not been made correctly or finds that though entries regarding his service have been made correctly but he has not attested the entries in the register of workmen in Form 1 may make a representation to the Inspector concerned. The Inspector after examining the representation or after