R.Chelladurai v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.12115 of 2016 R.Chelladurai ... Petitioner Vs.

1. The Secretary to Government, Industries Department, Fort St. George, Chennai-600 009.

2. The Secretary to Government, Labour Department, Fort St. George, Chennai-600 009.

3. The Commissioner of Social Welfare, Guindy Industrial Estate, Guindy, Chennai-32.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on merits by disposing the written representation made by the petitioner on 04.03.2016 within a stipulated time as this Hon'ble Court fixes. For Petitioner : Mr.C.Prakasam For Respondents : Mr.I.Satish, Addl. Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 04.03.2016.

2. According to the petitioner, his son one Sasikumar, was working as Office Assistant in KPR Processing Company at SIPCOT, Perundurai, Erode District, and he was directed by his employer

to repair the motor, which was fitted in an effluent treatment plant. While carrying out the repair, one of his co-employee one Anandakumar fell down in the tank, and the petitioner's son made an attempt to rescue him from the tank, and become unconscious, immediately he was taken to a hospital, wherein the Doctors declared him as died. Thereafter, the management paid a sum of Rs.13 lakhs towards compensation to all the deceased employees. Whereas, the Government has only paid a sum of Rs.1 lakh to the petitioner. Not being satisfied with the same, the petitioner has made a representation to the 1st respondent seeking a compensation of Rs.10 lakhs on 04.03.2016, that was not considered. Hence, the present Writ Petition has been filed by the petitioner.

3. I have heard and considered the rival submissions made by the learned counsel appearing for the petitioner as well as the learned Addl. Government Pleader appearing for the respondents and perused the materials available on record.

4. Considering the limited prayer sought in the Writ Petition, without going to the merits of the case, the 1st respondent is directed to consider the petitioner's representation, and pass suitable orders on merits in accordance with law within a period of eight weeks from the date of receipt of the copy of this order. Accordingly, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpp To

1. The Secretary to Government, Industries Department, Fort St. George, Chennai-600 009.

2. The Secretary to Government, Labour Department, Fort St. George, Chennai-600 009.

3. The Commissioner of Social Welfare, Guindy Industrial Estate, Guindy, Chennai-32.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.96447 +1cc to the Government Pleader, S.R.No.96547 W.P.12115 of 2016 SJ(CO) CS/31/01/2020