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Tamil Nadu Medical Services Corporation Ltd. v. Tamil Nadu Medical Services Corporation Employees Welfare Union & Anr. etc. etc.

Heard the learned counsel for the parties.


(Anil R. Dave and Adarsh Kumar Goel, JJ.)



Tamil Nadu Medical Services Corporation Ltd. ____________ Appellant



v.



Tamil Nadu Medical Services Corporation Employees Welfare Union & Anr. etc. etc. ____________________________________ Respondent(s)



Civil Appeal Nos. 6567-6568 of 2012, decided on March 10, 2016



The Judgement of the Court was delivered by


Anil R. Dave, J.:—



1. Heard the learned counsel for the parties.



2. It is not in dispute that the members of the respondent-Union are claiming their right under the provisions of The Tamil Nadu Industrial Establishments (Conferment of Permanent Status To Workmen) Act, 1981.



3. It has been submitted that while deciding the writ petitions and the connected matters, the High Court did not consider the fact whether the aforesaid Act is applicable to the members of the respondent-Union and the said submission appears to be correct.



4. In the afore-stated circumstances, the impugned judgment is set aside and the matters are remanded to the High Court for considering the same afresh in accordance with law. We are sure that the High Court will hear the matters afresh and decide the same in accordance with law.



5. Interim order dated 29th March, 2010 granted by this Court shall continue till the High Court modifies the same after hearing the concerned parties.



6. The parties shall appear before the High Court on 4th April, 2016 so that an early date for further hearing can be fixed as these matters are pending since long. We are sure that the High Court will decide the matters at an early date.



7. In view of the above, the civil appeals are disposed of as allowed. No order as to costs. Pending applications, if any, stand disposed of.



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