ORDER
1. Learned Additional Government Pleader is directed to take notice on behalf of the respondents. By consent, the main writ petition is taken up for hearing and disposal.
2. The petitioner seeks for the issuance of a writ of mandamus to direct the respondents 1 and 2 to regularise the services of the petitioner in the 3rd respondent bank on the basis of G.O.Ms. No. 86 Co-operation, Food and Consumer Protection Department dated 12.3.2001.
3. According to the petitioner, he had been in the services of the 3rd respondent bank from 30 . 3. 2000 ; that he had completed 480 days of continuous service in 24 calender months and therefore, he is entitled for the benefits of G.O.Ms. No. 86 dated 12.3.2001.
4. A perusal of G.O.Ms. No. 36 dated 12.3.2001 discloses that the State Government has conferred the respondents with the powers to regularise the services of such of those employees in the co-operative societies whose services came to be availed by the concerned co-operative societies after 8.7.82 contrary to the prevailing practice of employing persons through employment exchange. The Government Order also stipulates that the respondents should regularise only those employees who have completed 480 days of service in a period of 24 calender months as provided under the provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.
Inasmuch as the prayer of the petitioner is based on the said G.O.Ms. No. 86 dated 12.3.2001, and also taking into account the machinery provided under the provision of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981, I am of the view that the exercise of finding out as to whether an employee had put in 480 days of continuous service in a period of 24 calender months can be carried out only by the authority constituted under the provisions of the said Act.
5. In the case on hand, it is stated that the petitioner was appointed as Supervisor by the 3rd respondent bank, by its order dated 30.3.2000. Section 2(4) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, defines “workman” as under:-
“workman” means any person employed in any industrial establishment to do any skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment, be express or implied, but does not include any such person, (a) who is employed in the police service or as an officer or other employee of a prison; or (b) who is employed mainly in managerial or administrative capacity; or (c) who, being employed in a supervisory capacity, draws wages exceeding one thousand rupees per mensem
or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.”
6. Inasmuch as the appointment of the petitioner is stated to be of a supervisor, while dealing with the claim of the petitioner, the authority concerned shall also decide the question about the entitlement of the petitioner to make his claim based on G.O.Ms. No. 86 dated 12.3.2001 which came to be issued based upon the provisions of the above said Act including the question about the status of the petitioner and thereafter find about the service particulars of the petitioner to reach a conclusion as to whether he had put in 480 days of continuous service in a period of 24 calender months. Thereafter, as and when the said authority in exercise of the said power with reference to petitioner render his findings on the factual aspect of the working of 480 days of continuous service by an employee, the 1st respondent can validly exercise his authority conferred upon him under G.O.Ms. No. 36 dated 12.3.2001.
7. With that view, while disposing of this writ petition the petitioner is directed to file his application before the concerned authority within whose jurisdiction the 3rd respondent bank is, located within one month from the date of receipt of a copy of this order and the concerned authority shall hold necessary enquiry after giving due opportunity to the 3rd respondent and pass his orders with reference to the claim of the petitioner namely that he had put in continuous service of 430 days in a period of 24 calender months in the 3rd respondent bank. Based on the outcome of the said proceedings, the 1st respondent can pass appropriate orders pursuant to the benefit conferred under G.O.Ms. No. 36 dated 12.3.2001.
8. The authority constituted under the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981 shall pass his orders within six months from the date of receipt of the application preferred by the petitioner. Till such time final orders are passed by the 1st respondent, the status of the petitioner as on this date shall be maintained y the 3rd respondent. It is further made clear that the service put in by the petitioner subsequent to the passing of orders in this writ petition need not be taken into account by the authority concerned for the purpose of finding out as to whether the petitioner had put in the 480 days calender months. The writ petition is disposed of with the above directions. No costs. Consequently, connected W.M.P. is closed.