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Madras High CourtWP/2968/2024disposed of

J.Arun v. The Director

2024-02-12Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.Arun

...Petitioner

-Vs1.The Director, Handloom Department, 2nd Floor, Kuralagam, Chennai.

2.The Assistant Director of Handloom, Salem Region, Room No.408, 4th Floor, Office of District Collector, Salem-636 001.

3. The Administrator (incharge) Salem Silk Co-operative Society, S-1227, 2nd Agraharam, Salem-01.

4. The Manager, Salem Silk Co-operative Society, S-1227, 2nd Agraharam, Salem-01.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondents to consider the petitioner's representation dated 22.12.2023 to take appropriate steps to approve petitioner from daily wages to consolidated wages, to pay the arrears of wages from 01.10.2022 to 15.10.2022 and further pay the daily wages to the petitioner at the rate of Rs.667/- (Rupees Six Hundred and Sixty Seven Rupees Only) as per Notification by the District Collector, Salem dated 30.06.2022.

For petitioner : Mr.K.Bratheesh For respondents 3 & 4 : Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition has been filed for direction to the respondents to consider the representation of the petitioner dated 22.12.2023 seeking appropriate steps to approve the petitioner from daily wages to consolidated wages and to pay arrears of wages.

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2. The petitioner is working at Salem Silk Co-operative Society as daily wage employee from the month of October, 2022. The petitioner was prevented by the members of Co-operative Society to work in the Salem Silk Co-operative Society. Therefore, the petitioner submitted his representation dated 18.10.2022 to reinstate him into service. The same was not considered and as such the petitioner was constrained to file writ petition in W.P.No.34797 of 2022 before this Court. This Court passed an order dated 06.07.2023 by recording the submission made by the 2nd respondent stating that the petitioner was reinstated by the society. However, the petitioner was not paid his arrears of wages from 1.10.2022 to 15.10.2022. Further, the 1st respondent by its communication dated 17.11.

2008 clearly stated that once completion of one year by a daily wages employees with respect to the hand loom cooperative society, they shall be considered to be employees under consolidated wages. Therefore, the petitioner submitted representation to take appropriate steps to approve the employment of the petitioner from daily wages to consolidated wages.

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3. Considering the above facts and circumstances, the respondents are directed to consider the petitioner's representation dated 22.12.2023 on merits in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

4. With the above direction, this Writ petition is disposed of. No costs.

12.02.2024 Index : Yes/No Internet: Yes/No gvn 4/6

To 1.The Director, Handloom Department, 2nd Floor, Kuralagam, Chennai.

2.The Assistant Director of Handloom, Salem Region, Room No.408, 4th Floor, Office of District Collector, Salem-636 001.

3. The Administrator (incharge) Salem Silk Co-operative Society, S-1227, 2nd Agraharam, Salem-01.

4. The Manager, Salem Silk Co-operative Society, S-1227, 2nd Agraharam, Salem-01.

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G.K.ILANTHIRAIYAN,J.

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