R.Selvaraju v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1529 of 2020 1.R.Selvaraju 2.R.Sugumaran 3.L.Moorthy 4.M.Amanullah Khan 5.A.S.Udayakumar 6.M.Kasimayan 7.D.Rajalakshmanan 8.G.Elumalai 9.M.Murali 10.G.Magimaidass Petitioners vs.
1. The Government of Tamil Nadu, Represented by its Secretary, Cooperation, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
2. The Registrar of Cooperative Societies, No.170, Periyar EVR Road, Kilpauk, Chennai - 600 010.
3. The Managing Director/Joint Registrar, The Park Town Cooperative Wholesale Stores Limited, Chennai - 600 102.
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to forthwith disburse the benefits payable to the petitioners on their retirement such as Leave Encashment, arrears of salary, arrears of enhanced salary on the basis of Settlement
arrived at under Section 12 (3) of the Industrial Disputes Act etc, with interest from the date on which the pecuniary benefits are due and payable to them till the date of payment, in the light of the proceedings bearing Na.Ka.No.69698/2017/NoKoPa.2 dated Nil.03.2019 submitted by the petitioners within a time frame that may be stipulated by this Court.
For Petitioners: Mr.Chellapandian for Mr.S.Mani For Respondents: Mr.L.P.Shanmuga Sundaram Special Government Pleader for Respondents
O R D E R
This writ petition has been filed for issuance of writ of mandamus directing the respondents to disburse the benefits payable to the petitioners on their retirement. 2.The petitioners were appointed in the 3rd respondents Cooperative Stores and their service particulars is tabulated hereunder:
S.No Name Date of appointment Date of retirement Retired as 1.
R.Selvaraju 23.03.1985 30.06.2015 Salesman 2.
R.Sugumaran 18.02.1985 30.04.2017 Salesman 3.
L.Moorthy 12.10.1984 31.12.2016 Packer 4.
M.Amanullah Khan 05.02.1986 31.05.2019 Salesman 5.
A.S.Udayakumar 01.06.1985 31.07.2017 Salesman 6.
M.Kasimayan 18.11.1985 31.07.2019 Salesman 7.
D.Raja Lakshmanan 14.09.1984 30.06.2019 Jr. Asst 8.
G.Elumalai 20.09.1975 31.03.2011 Driver 9.
M.Murali 20.04.1985 31.08.2018 Driver 10.
G.Magimaidass 30.06.2016 Driver 3.The case of the petitioners is that their service is governed by the Bye-laws of the Co-operative Stores and as per the bye laws, they have not been paid and they have only been sanctioned meagre amount as pension. The petitioners claim for certain retirement benefits such as leave encashment, enhanced salary etc., based on 12(3) settlement. The petitioners made a representation and the 2nd respondent by his proceedings in
Na.Ka.No.69698/2017/NoKoPa.2 Dated --.03.2018 directed the 3rd respondent to take appropriate steps and to pass orders and intimate the same to the petitioners. The petitioners also made a representation in this regard to the 3rd respondent on 12.12.2019. Since, it did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate direction.
4.Heard Mr.Chellapandian, learned counsel appearing on behalf of the petitioners and Mr.L.P.Shanmugasundaram, learned Counsel appearing on behalf of the respondents. 5.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd respondent to pass necessary orders based on the claim made by the petitioners after considering the representation made by the petitioners individually and jointly on 12.12.2019, within a period of six weeks from the date of receipt of copy of this order. The petitioners are directed to make a fresh representation to the 3rd respondent along with a copy of the earlier representations and a copy of this order. 6.This writ petition is disposed of with the above directions. No Costs.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssr To
1. The Secretary, Cooperation, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
2. The Registrar of Cooperative Societies, No.170, Periyar EVR Road, Kilpauk, Chennai - 600 010.
3. The Managing Director/Joint Registrar, The Park Town Cooperative Wholesale Stores Limited, Chennai - 600 102.
+1 CC to Mr.S.Mani, Advocate sr 5097.
+1 CC to Mr.L.P.Shanmuga Sundaram, Advocate sr 5606. +1 CC to Govt. Pleader sr 5708.
W.P No.1529 of 2020 RK(CO) SP(25/02/2020)