The Managing Director Vs The Assistant Commissioner of Labour

The Managing Director vs The Assistant Commissioner of Labour

Type Court Judgment Court Chennai Decided Feb 17, 2026

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Citation: sooperkanoon.com/1432547
Court: Chennai High Court
Judge: Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan
Decided On: Feb 17, 2026
Case Number: WA/809/2025

Parties & Advocates

Appellant / Petitioner

The Managing Director

Respondent

The Assistant Commissioner of Labour

Excerpt

.....and therefore, they are entitled for conferment of permanent status under the act. 3.the issue mainly arises in these cases are that, whether the provisions of the tamil nadu industrial establishments (conferment of permanent status to workmen) act would apply in respect of the employees or contract employees engaged by the twad board establishment to execute projects or for any other work? 4.twad board is fully owned by the state government and therefore, a “state” within the meaning of article 12 of the constitution of india. twad board has been constituted by virtue of an enactment viz., tamil nadu water supply and drainage board act, 1970. in exercise of the powers conferred under the act, service regulations are notified by the government in respect of the employees serving in water board. the service regulations are framed relating to recruitments, confirmation of services, promotion, seniority etc., and the said service rules would apply in respect of the appointments made by the twad board. 5.when the special enactment and the service regulations framed under the provisions of the act are in force, the general law cannot be applied and the special enactment and the regulations framed thereunder alone would prevail. therefore, the employees seeking relief has to approach the competent authority or forum under the provisions of the tamil nadu water supply and drainage board act or the service regulations framed thereunder by the government of tamil nadu, since it is a special law. the issues in this regard are no more res integra and in the case of the executive engineer, tamil nadu water supply and drainage board vs. t.kandhan and others made in wp.no.21648 of 2016 dated 22.09.2022 and wp.no.15377/2018 dated 17.10.2022 in the case of the executive engineer, tamil nadu water supply and drainage board vs. thangadurai and others, this court has elaborately considered the legal position involved in the matter of invoking the provisions of the tamil nadu.....

Full Judgment

2026:MHC:771
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-02-2026
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WA Nos.809, 888, 815, 837, 838, 839, 840, 892 & 894 of 2025 AND CMP NOS. 7001, 7005, 7100, 7099,7399, 7533, 7544, 7548, 7501, 7543, 7547, 7502, 7531, 7815, 7973, 7035 & 7037 OF 2025 WA No. 809 of 2025
1. The Managing Director TamilNadu Water Supply and Drainage Board, No.31. Kamarajar Salai, Chepauk, Chennai 600 005
2. The Executive Engineer TamilNadu Water supply and Drainage Board, Maintenance Division, 303, Public office Road, Velipalayam, Nagapattinam. Appellant(s) Vs
1. The Assistant Commissioner of
Labour Enforcing Authority under Tamil Nadu Industrial Establishment (Conferment of Permanent status of Workmen) Act 1981, Thiruvarur. 2.G.Senthilmurugan Electrical Superintendent, S/o.Govindarajulu,
12, Ramamadam North street, Nagapattinam, Nagapattinam 3.T.Gnanavel S/o.Thangavel, South street, Ovalikudi, Mavoor Post, Thiruvarur Taluk, Thiruvarur District 4.J.Manuneedhi S/o.Jeyaraman, Mavoor post, Thiruvarur District 5.S.Manimaran S/o.Subramanian, 53, V.O.C. street, Keevalur, 6.T.Manimaran S/o.Thaiyan, Arrangarai street, Eluppur, Koothur post, Keevalur Taluk, 7.A.Bharathinathan Turn cock(Valve Operator), S/o.Athithanathan, Attipadugai, Thiruchankattankudi post, Nagapattinam District. 8.G.Sankaraiah S/o.Ganesan, Karuvelankadai, Anthanapettai post, Nagapattinam District.
9.D.Senthilkumar s/o.Duraisamy, Jeyanthi Nagar, Panaimedu, Sikkal post, 10.K.Mahalakshmi Turn cock(Valve Operator), w/o.Karunanidhi, Thirukkuvalai Taluk, 11.K.Mathivanan Turn cock(Valve Operator), S/o.Kumarasamy, No.4, Santhaipettai, Thevoor, Kezhveloor Taluk, Respondent(s) PRAYER Writ Appeal filed under Clause 15 of the Letters Patent, praying to allow the WA and set aside the order dt. 11.07.2024 in WP No.3310/2021. For Appellant(s): Mr.S.Ravindran Senior Counsel for Ms.S Mekhala For Respondent(s): Dr.S.Suriya AGP for R1 Ms.N.Sivashankari for M/s.Law Square For R2, R3, R5, R6 And R9 ********

COMMON JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam J.) The present intra Court Appeals under Clause 15 of Letters Patent have been instituted to assail the writ orders dated 11.07.2024 granting permanent status to employees serving in Tamil Nadu Water Supply and Drainage Board. 2.The respondents/employees claimed that they are engaged as contractual employees and served more than 240 or 480 days of service. Thus, they have filed applications before the Inspector of Labour under the provisions of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen), Act, 1981. The Inspector of Labour through summary procedures granted the relief of permanent status under the Act. The said proceedings came to be challenged by way of writ proceedings and the Writ Court has confirmed the said order mainly on the ground that the employees served 480 days of service in the TWAD Board Establishment, and therefore, they are entitled for conferment of Permanent status under the Act. 3.The issue mainly arises in these cases are that, whether the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act would apply in respect of the employees or contract employees engaged by the TWAD Board Establishment to execute projects or for any other work? 4.TWAD Board is fully owned by the State Government and therefore, a “State” within the meaning of Article 12 of the Constitution of India. TWAD Board has been constituted by virtue of an enactment viz., Tamil Nadu Water Supply and Drainage Board Act, 1970. In exercise of the powers conferred under the Act, service regulations are notified by the Government in respect of the employees serving in Water Board. The service regulations are framed relating to recruitments, confirmation of services, promotion, seniority etc., and the said service Rules would apply in respect of the appointments made by the TWAD Board. 5.When the special enactment and the service regulations framed under the provisions of the Act are in force, the general law cannot be applied and the special enactment and the Regulations framed thereunder alone would prevail. Therefore, the employees seeking relief has to approach the competent authority or forum under the provisions of the Tamil Nadu Water Supply and Drainage Board Act or the Service Regulations framed thereunder by the Government of Tamil Nadu, since it is a Special law. The issues in this regard are no more res integra and in the case of the Executive Engineer, Tamil Nadu Water Supply and Drainage Board Vs. T.Kandhan and others made in WP.No.21648 of 2016 dated 22.09.2022 and WP.No.15377/2018 dated 17.10.2022 in the case of the Executive Engineer, Tamil Nadu Water Supply and Drainage Board Vs. Thangadurai and others, this Court has elaborately considered the legal position involved in the matter of invoking the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act,

1981. The learned Senior counsel appearing on behalf of the appellant would

submit that the said judgment was not taken by way of an appeal and became final. 6.At the out set, the respondents were admittedly engaged as contract employees in the TWAD Board. Therefore, the provisions of conferment of permanent status Act would not apply, since it is a General law. If at all any grievance exist to them, they have to redress their grievance under the provisions of the Tamil Nadu Water Supply and Drainage Board Act or the Service Regulations framed thereunder by the Government, as adopted by the Board. 7.In view of the above legal position, the writ order impugned dated 11.07.2024 made in WP.Nos.15694/2020, 27929, 3310, 3308/2021, 2320, 2307, 2510, 2516 & 4298 of 2022 are hereby set aside and the Writ Appeals are allowed. No costs. Consequently, connected CMPs are also closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 17-02-2026 Index:Yes/No

Speaking/Non-speaking order

Internet:Yes Neutral Citation:Yes/No kmi Note:-Registry is directed to incorporate cause title for all the cases and issue

order copy.

To 1.The Assistant Commissioner of Labour Enforcing Authority under TamilNadu Industrial Establishment (Conferment of Permanent status of Workmen)Act 1981, Thiruvarur. S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J. kmi WA No. 809 of 2025 etc., batch 17-02-2026

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