IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.9.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.18037 of 1999, W.P.No.3926 of 2001 and W.P.No.7209 of 2004 V.Umapathy K.Sivalingam D.Deenadayalan A.Lourdhusamy J.Ganesh D.Balasubramanian J.Chelladurai .. Petitioners in W.P.No.18037 of 1999 M.Natarajan R.Mohanasundaram G.Sekar V.Kamaraj K.Rajasekar All are employed as contingent staff on consolidated pay under the Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., Aringnar Anna Government Hospital campus Arumbakkam Chennai .. Petitioners in W.P.No.3926 of 2001 B.Sivakumar T.Vendavarasi R.Janakiraman K.Dakshinamurthy R.Isaac Vedanayakam E.Pecchimuthu S.Muthupandian P.Manivarma M.Dhinadayalan K.Ezhumalai K.Raja S.Ekambaram https://hcservices.ecourts.gov.in/hcservices/ J.Sekar N.Pushparaj P.Murugan M.Purushothaman S.Sankar M.Mani T.Bhupalan J.Kanniappan L.Jyothilingam .. Petitioner in W.P.No.7209 of 2004 vs. The State of Tamil Nadu represented by its Secretary to Government Health, Indian Medicine and Homeopathy Department Fort St. George Chennai-9 .. first respondent in all the writ petitions The Chairman Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., (TAMPCOL), Aringnar Anna Government Hospital Campus Arumbakkam Chennai .. second respondent in W.P.No.18037 of 1999 and W.P.No.3926 of 2001 The Managing Director Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., (TAMPCOL), Aringnar Anna Government Hospital Campus Arumbakkam Chennai .. third respondent in W.P.No.18037 of 1999 and W.P.No.3926 of 2001 The Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., rep. by its Chairman cum Managing Director Aringnar Anna Government Hospital Madras-600 106 .. second respondent in W.P.No.7209 of 2004 https://hcservices.ecourts.gov.in/hcservices/ The Production Manager Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., TAMPCOL, C-29, SIDCO Complex, Alanthur, Kancheepuram District .. third respondent in W.P.No.7209 of 2004 W.P.No.18037 of 1999: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the third respondent issued in Na.Ka.No.A1-1011/TAM/98, dated 6.5.1999 and quash the same as illegal and direct the respondents to regularise the services of the petitioners to that of time scale of pay, and pay the petitioners, the arrears of salary with effect from the date of their respective appointments. W.P.No.3926 of 2001: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to regularise the services of the petitioners from the date of their appointment in the respondent Corporation and pay them all attendant benefits. W.P.No.7209 of 2004: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to regularise the services of the petitioners as per the orders of the Deputy Chief Inspector of Factories, IV Division, Chennai dated 7.1.2002. For petitioners : Ms.A.Arulmozhi For Respondents : Mrs.Dakshayani Reddy Additional Government Pleader for R1 C O M M O N O R D E R Heard the learned counsels appearing for the parties concerned. https://hcservices.ecourts.gov.in/hcservices/ 2. Since the issues involved in the above writ petitions have arisen out of the same facts and circumstances, a common order is passed. The facts, in a nutshell, are as follows: 3. It is stated that all the petitioners are employed with the Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., (hereinafter referred to as "the Corporation"), on daily wages and they have been continuously working as casual labourers for many years, without any break in service. The Corporation is a public sector undertaking of the Government of Tamil Nadu and it is engaged, interalia, in the manufacturing of hair oil, herbal facial creams and other herbal medicines. In spite of several representations having been made on behalf of the petitioners, both by the individual employees and by the employees unions, casual labourers, like the petitioners, were not regularised in service. Therefore, several writ petitions had been filed before this Court, at various stages, with regard to the regularisation of the casual labourers, who were employed by the Corporation, on daily wages. Thereafter, some of the casual labourers had been regularised in service under the time scale of pay. However, the regularisation had not been done from their initial dates of appointments in the service of the Corporation. Further, they have not been paid the salary due to them, in accordance with G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998. In some cases, it has been found that there were certain discrepancies and anomalies in the fixation of pay scales. 4. It has also been stated that in some of the cases, the casual labourers have been regularised and they have been given only consolidated amounts as salary instead of being placed under the time scales of pay. In such circumstances, the petitioners have filed the present writ petitions before this Court, under Article 226 of the Constitution of India, praying for the reliefs as stated therein. 5. In the counter affidavit filed on behalf of the respondents, it has been stated that the petitioners are contingent staff and they have not been regularly recruited. They have not been employed through the employment exchange, in accordance with the orders issued in G.O.Ms.No.1138, Labour and Employment Department, dated 25.9.1978, by notifying the vacancies, as provided under the Employment Exchange (Compulsory notification of vacancies) Rules, 1960. Based on the directions issued by this Court, by an order, dated 13.11.1998, made in W.P.No.9412 of 1991 and W.P.Nos.15042 of 1997 (batch), the petitioners had submitted their individual representations, on https://hcservices.ecourts.gov.in/hcservices/ 6.1.1999, requesting the respondents to regularise their services. However, no specific request had been made by them to appoint them in the time scale of pay from the date of their initial engagement as casual labourers. Based on the proposals made and the Government Orders passed thereon, some of the casual labourers had been regularised in service, on consolidated basis, from the date of the orders appointing them on a regular basis. 6. It has also been stated that the Corporation has its own service Rules for its employees, namely, Tampcol Industrial Workman Standing Orders, which has been certified by the Joint Commissioner of Labour, Chennai, formulated in accordance with the Industrial Employment (Standing orders) Act, 1946. The Standing orders had come into force, with effect from 16.2.1999. Even though the Corporation has been under a severe financial stress, the employees of the Corporation have been paid the wages which is higher than the minimum wages fixed under the minimum Wages Act. Further, the employees are provided with the facilities prescribed under the Employees Provident Fund Scheme, with effect from the month of January, 1992. Further, the employees are covered under the State Insurance Scheme and they have been paid bonus and they have other benefits, like, Earned leave, Benefit Fund Scheme, Service Gratuity Scheme, Festival Advance etc. 7. In view of the averments made on behalf of the petitioners as well as the respondents, it is clear that the petitioners, who were casual labourers, have been regularised in service by way of the orders passed by the Corporation, with effect from the date of the said orders. Since it has been shown that the petitioners have not been employed through the employment exchange, as required in accordance with the relevant Government orders and the rules applicable to the petitioners, they cannot have any right to demand that they should be regularised in service, as held by the Supreme Court in SECY., STATE OF KARNATAKA Vs. UMA DEVI (3) ((2006) 4 SCC 1). 8. From the submissions made by the learned counsel appearing for the respondents, it is noted that the petitioners have been regularised in service under the time scale of pay. The petitioners have not shown sufficient cause or reason for this Court to direct the respondents to regularise the petitioners in service from the date of their initial appointments. If there are discrepancies or anomalies in the fixation of the time scale of pay, it is open to the petitioners to challenge the same in the manner known to law. In such circumstances, this Court is not inclined to grant the reliefs, as sought for by the petitioners, in the above writ petitions. 9. However, at this stage of the hearing of the writ https://hcservices.ecourts.gov.in/hcservices/ petition, the learned counsel appearing for the petitioners had submitted that it would suffice, if the petitioners are permitted to submit their detailed representations to the first respondent, with regard to their claim for parity in the scales of pay with the other similarly placed persons employed in the Corporation and for the fixation of their pay scales in view of G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998. The learned Additional Government Pleader appearing for the first respondent has no objection for this Court passing such an order. Therefore, the petitioners are permitted to make their representations to the first respondent, with regard to the reliefs prayed for, as stated above, within a period of four weeks from the date of receipt of a copy of this order, and on such representations being submitted, the first respondent is directed to pass appropriate orders thereon, on merits and in accordance with law, in the light of G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998 and the other relevant Government orders, within a period of twelve weeks thereafter. With the above directions, the writ petitions are disposed of. No costs. Sd/- Asst. Registrar /True Copy/ Sub Asst. Registrar lan To: 1. The Secretary to Government The State of Tamil Nadu Health, Indian Medicine and Homeopathy Department Fort St. George, Chennai-9 2. The Chairman Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., (TAMPCOL), Aringnar Anna Government Hospital Campus Arumbakkam Chennai https://hcservices.ecourts.gov.in/hcservices/ 3. The Managing Director Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd.,(TAMPCOL), Aringnar Anna Government Hospital Campus Arumbakkam Chennai 4. The Chairman cum Managing Director The Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., Aringnar Anna Government Hospital Madras-600 106 5. The Production Manager Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation Ltd., TAMPCOL, C-29, SIDCO Complex, Alanthur, Kancheepuram District +1cc to Mrs.Dhakashyani Reddy, Advocate Sr 51749 +3ccs to Mr.Arulmozhi,Advocate Sr 51922 to 51924 +1cc to Govt. Pleader Sr 52201 NSM (CO) km/17.10. W.P.No.18037 of 1999, W.P.No.3926 of 2001 and W.P.No.7209 of 2004 https://hcservices.ecourts.gov.in/hcservices/