Madras High CourtWP/22155/2004disposed of

G.Palani v. State Of Tamilnadu, Rep.By

2018-10-09Honourable Dr. Justice S. Vimala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.22155 of 2004 and W.M.P.Nos.26816 of 2004 and 1646 of 2006 G.Palani, President Indian National Sugar Mill Workers Federation No.46, Sannadhi Street, Thiruvalam Vellore District - 632 515.

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Petitioner Vs 1.The State of Tamil Nadu rep.by the Secretary, Industries Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Sugar, No.690, Anna Salai, Nandanam,Chennai-600 006.

3. The Commissioner of Labour Teynampet, Chennai - 600 006.

4. Amaravathi Co-operative Sugar Mills Ltd., Krishnapuram - 642 111, Udumalpet Taluk Coimbatore District.

5. Ambur Co-operative Sugar Mills Ltd., Vadaputhupet - 635 812, Vellore District.

6.Chengalrayan Co-operative Sugar Mills Ltd,m Periasevalai - 607 209, Ulundurpet Taluk 7.Cheyyar Co-operative Sugar Mills Ltd., Anakkavur, Thenthandalam, Cheyyar Taluk Tiruvannamalai District.

8.Dharmapuri District Co-operative Sugar Mills Ltd Jerthalav Post - 636 808 Palacode Taluk 9.Kallakurichi Co-operative Sugar Mills Ltd Moongilthuraipattu Post - 605702

10.M.R.Krishnamoorthy Co-operative Sugar Mills Ltd Sethiathoppu Post-609 702, Cuddalore District. 11.Maduranthagam Co-operative Sugar Mills Ltd Padalam - 603 308, Kancheepuram District.

12.Nadipisai Pulavar K.R.Ramasamy Co-operative Sugar Mills Ltd Thalainayar - 609 201, Mayiladuthurai Taluk Nagai District.

13.National Co-operative Sugar Mills Ltd Mettupatty - 625 502, Alanganallur Via., Vadipatty Taluk Madurai District.

14.Salem Co-operative Sugar Mills Ltd Mohanur - 637 005, Namakkal District.

15.Subramania Shiva Co-operative Sugar Mills Ltd Gopalapuram - 636 904, Papireddypatty Taluk 16.Tirupattur Co-operative Sugar Mills Ltd Kethandapatty Post - 635 815, Tirupattur Taluk Vellore District.

17.Thiruttani Co-operative Sugar Mills Ltd Thiruvalankadu - 631 210, Thiruvallur District. 18.Vellore Co-operative Sugar Mills Ltd Ammundi - 632 519, Guidyattam Taluk,Vellore District. 19.Komugi Co-operative Sugar Mills Ltd Kachirapalayam Post, Kallakurichi Taluk ...

Respondents For Petitioner :Ms.P.Geetha For Respondents:Mr.N.Srinivasan, Addl.Govt.Pleader - for R1 & R3 Mr.L.P.Shanmugasundaram for R2 Mrs.G.Thilagavathi, Senior Counsel for M/s.R.Gopainath - for R4 to R16 No appearance - for R17 to R19 Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records in G.O.(Rt) No.223 dated 28.06.2004 issued by the first respondent and the letter in Rc.No.25816/S&L2/2003 dated 08.07.204 issued by the second respondent and quash the same and consequently direct the first and second respondents to regularise the sum of Rs.2500/- paid as advance in lieu of bonus to the employees for the year 2001-2002 of 4th to 19th respondent sugar Mills and to repay the amount recovered from the workers, who have reached the age of superannuation or resigned or expired.

ORDER

The petitioner is a federation of, unit level workers unions, functioning as sugar mills (respondents 4 to 19). The workers and staff employed under the respondent Mills were paid bonus every year at the rate of 20% of the annual wages for the past several years. In the accounting year 1995-96, even those employees who were receiving salary above Rs.3,500/- were given exemption and bonus was paid. For the accounting year 20002001, the bonus was not declared. After conciliation proceedings held by the Minister of the State, it was resolved that a sum of Rs.2500/- shall be paid as advance in lieu of bonus and that the said advance shall be regularised later by a separate advice. The Government, by G.O.(Rt) No.223 dated 28.06.2004, ordered that the advance of Rs.

2,500/- paid in lieu of bonus for the year 20002001 to the employees of the Co-operative Sugar Mills be recovered in 10(ten) equal instalments at the rate of Rs.250/- per month. Consequently, proceedings in Rc.No.25816/S&L2/2003 dated 08.07.2004 was issued by the second respondent directing the sugar Mills to implement the government order. 2.1. This G.O and the consequential proceedings are under challenge in this writ petition.

3. This Court, by an order dated 04.08.2004, granted interim stay of the operation of the aforesaid government order and the consequential proceedings of the second respondent. The second respondent, by his proceedings dated 07.08.2017 has directed the sugar Mills to comply with the order of this Court, by not effecting recovery of the advance, in lieu of bonus paid for the year 2000-2001.

4. The eleventh respondent, filed a counter affidavit stating that there was no production in their Mills beyond April 2001 and as the Mills was facing acute financial crisis, they had not paid any bonus advance to their employees for the year 20002001 and hence no recovery is necessary to be made as indicted in the circulars and the dispute regarding recovery of bonus advance does not arise in respect of the eleventh respondent Mills.

5. The recovery order has been passed way back in the year 2004. In the mean time, some employees would have retired on account of superannuation; some might have died; some might have resigned; some might have opted for voluntary retirement; some might have repaid the amount, for some recovery might have been completed. Therefore, permission is granted to effect the recovery from those employees who have received the sum of Rs.2,500/- as advance in lieu of bonus with an undertaking to pay in 10 easy instalments and this recovery would not be permissible for those who have already repaid the amount or from whose account already recovery has been made and those who have died, resigned, attained superannuation and obtained voluntary retirement.

6. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellanaeous petitions are closed.

Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar kst To 1.The State of Tamil Nadu rep.by the Secretary, Industries Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Sugar, No.690, Anna Salai, Nandanam,Chennai-600 006.

3. The Commissioner of Labour Teynampet, Chennai - 600 006.

4. Amaravathi Co-operative Sugar Mills Ltd., Krishnapuram - 642 111, Udumalpet Taluk Coimbatore District.

5. Ambur Co-operative Sugar Mills Ltd., Vadaputhupet - 635 812, Vellore District.

6.Chengalrayan Co-operative Sugar Mills Ltd,m Periasevalai - 607 209, Ulundurpet Taluk 7.Cheyyar Co-operative Sugar Mills Ltd., Anakkavur, Thenthandalam, Cheyyar Taluk Tiruvannamalai District.

8.Dharmapuri District Co-operative Sugar Mills Ltd Jerthalav Post - 636 808 Palacode Taluk 9.Kallakurichi Co-operative Sugar Mills Ltd Moongilthuraipattu Post - 605702 10.M.R.Krishnamoorthy Co-operative Sugar Mills Ltd Sethiathoppu Post-609 702, Cuddalore District. 11.Maduranthagam Co-operative Sugar Mills Ltd Padalam - 603 308, Kancheepuram District.

12.Nadipisai Pulavar K.R.Ramasamy Co-operative Sugar Mills Ltd Thalainayar - 609 201, Mayiladuthurai Taluk Nagai District.

13.National Co-operative Sugar Mills Ltd Mettupatty - 625 502, Alanganallur Via., Vadipatty Taluk Madurai District.

14.Salem Co-operative Sugar Mills Ltd Mohanur - 637 005, Namakkal District.

17.Thiruttani Co-operative Sugar Mills Ltd Thiruvalankadu - 631 210, Thiruvallur District. 18.Vellore Co-operative Sugar Mills Ltd Ammundi - 632 519, Guidyattam Taluk Vellore District.

19.Komugi Co-operative Sugar Mills Ltd Kachirapalayam Post, Kallakurichi Taluk +1cc to Ms.P.Geetha , Advocate SR.No. 69879 +1 CC TO GOVERNMENT PLEADER SR.NO. 70113 +1cc to M/s.R.Gopainath , Advocate SR.No.69633 W.P.No.22155 of 2004 and W.M.P.Nos.26816 of 2004 and 1646 of 2006 ASK(03/12/2018)