The management of the Hotel filed a petition challenging the July 14, 2011 order of the Inspector of Labour instructing to confirm the the daily wage workers. They working there for several years. Having worked for more than 480 days, these workers claimed for conferment of their posts.
Dismissing the petition by the TTDC against the order of the Inspector of Labour, Justice N Paul Vasanthakumar "the order of the Inspector of Labour has been passed by virtue of oowers conferred under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981, which excludes all other enactments while conferring permanency under section 3(1) of the act." "The intent of Legislature for enacting the said Statue is to be borne in mind while appreciating the orders passed by the Inspector of Labour under the said beneficial labour welfare legislation," the Judge said while concurring with the submissions made by S Sathiachandran, the counsel for the workers.
The Judge while rejecting the arguments of senior counsel of TTDC that the workmen were not having required qualifications, in his order said "if any of the workman is not able to perform his duties which are technical in nature which requires special skill, it is open to the management to engage them in appropriate post in which he is having skill and experience and no workman shall be denied permanency on the ground ofwant of qualification."