Uzhaippor Uriamai Iyakkam v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE.N.MALA and WMP.No.1365 of 2024 Uzhaippor Uriamai Iyakkam (Regn. No.3077 CNI), Rep. by its President K. Bharathi, Thozhar Koodam, 19C, Mariamman Koil Street, Kalyanapuram, Ambattur, Chennai - 600 053.

... Petitioner Vs.

1.The Additional Chief Secretary, Labour Welfare and Skill Development Department, Govt. of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Principal Secretary and Commissioner Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in the impugned 1/6

G.O.(D).No.669 dated 15.12.2023 by the Labour Welfare and Skill Development A-1 Department and quash the same and to direct the 1st respondent to refer the dispute raised by the petitioner union on 20.04.2022 seeking permanency for 1381 NULM temporary sanitary workers to the Industrial Tribunal at Madras.

For Petitioner : Mr.S.Kumaraswamy For R1 : Mrs.Raja Rajeswari, Government Advocate For R2 : Mrs.P.T.Ramadevi, Standing Counsel * * * *

O R D E R

This Writ Petition is filed to call for the records in the impugned G.O.(D).No.669 dated 15.12.2023 by the Labour Welfare and Skill Development A-1 Department and quash the same and to direct the 1st respondent to refer the dispute raised by the petitioner union on 20.04.2022 seeking permanency for 1381 NULM temporary sanitary workers to the Industrial Tribunal at Madras.

2.The learned counsel for the petitioner submitted that the 1st respondent has passed the impugned G.O.(D).No.669 dated 15.12.2023, Labour Welfare 2/6

and Skill Development A1 Department. Vide the impugned G.O. the Government has refused to refer the dispute for adjudication on the ground that GCC has informed the Government Labour Department that permanency is a policy decision of the Government and that the workers can seek relief under the 1981 Act. The petitioners herein sent a representation to the Government on 26.12.2023 to reconsider its decision not to refer the Industrial Dispute for adjudication and refer the dispute for adjudication before the Labour Court, but there was no response.

3.The learned counsel for the petitioner relying on the Judgment of this Court dated 18.06.2021 in W.P.No.2590 of 2021 submitted that when there are two forums open to the employees, the choice was left to the employees to choose any one of the forum. In the above Judgment this Court held as follows: "The Five-Men Committee has not sought the relief under the Conferment of Permanent Status Act. It does not mean that, the Labour Court has no powers to look into the provisions of the Conferment of Permanent Status Act, when a dispute is taken up for permanent adjudication, in case, it comes to the knowledge of the Authority that, the contract is sham and nominal."

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4.The learned Government Advocate appearing for the first respondent vehemently opposed the contentions of the petitioner. 5.In the light of the above discussions, a direction is issued to the 1st respondent to reconsider the issue in the light of the order dated 18.06.2021 passed by this Court in W.P.No.2590 of 2021, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.03.2024 Index : Yes / No Internet : Yes / No Speaking order/Non-speaking order ah To 1.The Additional Chief Secretary, Labour Welfare and Skill Development Department, Govt. of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Principal Secretary and Commissioner 4/6

Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

N.MALA, J.

ah 5/6

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