Permanent status requires proof of 480 days’ continuous service under an employer-employee relationship.

The workmen sought permanent status under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, and the competent authority allowed their applications.

The Superintending Engineer challenged those orders in writ petitions; the Single Judge disposed of the petitions by referring to a prior Division Bench decision.

Some of the workmen appealed. The Division Bench found the materials insufficient to establish the required service and employer–employee relationship, and the workmen sought a remand so they could produce further evidence.

1. Whether the record established that the workmen had completed 480 days of continuous service in two calendar years under an employer–employee relationship with the first respondent.

2. Whether the competent authority’s orders and the Single Judge’s order should be set aside and the matter remanded for fresh consideration with an opportunity for the workmen to produce evidence.

Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act was the relevant statutory provision: the claim required the workmen to establish 480 days of continuous service in two calendar years, including the requisite employer–employee relationship with the first respondent.

The first respondent argued that, as contract workers, the workmen lacked that relationship and any employment grievance should instead be pursued under Section 2-A of the Industrial Disputes Act; the Court did not decide that contention on its merits.

The Court referred to no precedent as the basis for its decision in the appeal.

The Court examined the available records and was not satisfied that they proved the statutory service threshold or the required relationship with the first respondent.

Because those matters were essential to the claims, and the workmen sought an opportunity to establish them with relevant materials, the Court considered fresh determination by the competent authority appropriate.

It expressly left the merits of the permanent-status claims open.

The workmen may file appropriate applications and supporting materials to establish the required service and employment relationship. The authority must give the parties a reasonable opportunity to be heard and pass orders in accordance with law, as expeditiously as possible.

No costs were ordered.