President v. Varadhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.11.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.25472 to 25475, 25477, 25701, 25702 and 25704 of 2004 1 President, Arasoor Village Panchayat, Tiruvallur District.

...Petitioner in WP.25472 of 2004

1 President Sirulapakkam Village Panchayat

...Petitioner in WP.25473 of 2004

1 President Panapakkam Village Panchayat Tiruvallur Districct

...Petitioner in WP.25474 of 2004

1 President Methoor Village Panchayat

...Petitioner in WP.25475 of 2004

1 President Sirulapakkam Village Panchayat

...Petitioner in WP.25477 of 2004

1.The Commissioner Minjur Panchayat Union Minjur

...Petitioner in WP.25701 of 2004

2.The President Kalpakkam Panchayat Union Ponneri Taluk Thiruvallur District 1.The Commissioner Minjur Panchayat Union Minjur

...Petitioner in WP.No.25702 of 2004

2.The President Kolur Panchayat Union Panchayat Ponneri Taluk Tiruvallur Distirct 1.The Commissioner Minjur Panchayat Union Minjur

...Petitioners in WP.No.25704 of 2004

1/7

2.The President Merattur Panchayat Ponneri Taluk vs

1. Varadhan, C/o. General Secretary, Chengai District Ooratchi Ondriya Visai Pump Iyakkunargal Sangam, 25, Koovoor Vaidhianaathan Street, Chintadripet, Chennai -2.

2. The Presiding Officer, II Addl. Labour Court, Chennai.

.. Respondents in WP.25472 of 2004 1 Vajravel, C/o.General Secretary C.D.O.O.V.P.I. Sangam Kovoor Vaidhinatha Street Chintadripet Chennai-2

...Respondent in WP.25473 of 2004

2.The Presiding Officer I Additional Labour Court Chennai 1.Srinivasan C/o.General Secretary C.D.O.O.V.P.I.Sangam Kovoor Vaidhinatha Street Chintadripet Chennai-2 2.The Presiding Officer I Additional Labour Court Chennai

...Respondent in WP.25474/2004

1.Murugesan (Deceased C/o.General Secretary Chengai district, Ooratchi Ondriya Visai Pump Iyakkunargal Sangam Chennai-2 2.The Presiding Officer II Additional Labour Court Chennai 3.TMT.Prameela W/o.Late Murugesan 4.TMT.Vanitha D/o.Late Murugesan 2/7

5.TMT.Chitra D/o.Late Murugesan 6.Sudhakar S/o.Late Murugesan (Minor) Rep by mother Tmt.Prameela 7.Selvi Mythili D/o.Late Murugesan Minor Rep by Mother (RR3 to 7 are substituted in the place of deceased 1st respondent as per order dated 15/12/2004 in WMP.44019/2004) 1.Radhakrishnan, C/o.General Secretary C.D.O.O.V.P.I.Sangam Kovoor Vaidhinatha Street Chintadripet Chennai-2

...Respondent in WP.25477 of 2004

2.The Presiding Officer I Additional Labour Court Chennai 1.T.Venkatesan C/o.General Secretary Chennai Ooratchi Onriya Visai Pump Iyakkunargalsangam AITUC Chintadripet Chennai-2

...Respondent in WP.25701 of 2004

2.The Presiding Officer II Additional Labour Court Chennai 1.R.Ethiraj Co.General Secret(Deceased) AR Y Chengai Ooratchi Ondriya Visai Pump Iyakkynargal Sangam AITUC 25 Kovoor Vaithiyathah

...Respondent in WP.25702 of 2004

2.The Presiding Officer II Additional Labour Court Chennai 3.Neela 4.P.Dakshyani 5.E.Padmavathi 6.Selvi E.Radha (RR3 to 6 Substituted in the place of deceased 1st respondent as per order dated 15/12/2004 in WMP.No.44018/2004) 3/7

1.R.Elumalai Chengai Ooratchi Onriya Visai Pump Iyakkunargal Sangam AITUC 25 Koovoor Vaithinathan Street, Chintadripet Chennai-2 2.The Presiding Officer II Additional Labour Court Chennai ...Respondents in WP.25704/2004 Prayer in W.P.No.25472 of 2004: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari or any other appropriate writ, order or direction in the nature of writ calling for records on the file of second respondent passed in C.P.No.322 of 2001 dated 17.10.2001 317/2001, dated 19/09/2001, 248/2001, dated 31/10/2001 173/2001, dated 29/11/2001, CP.No.318/2001 dated 13.09.2001 490/1996 dated 21/11/2002 596/1996 dated 21/01/2002; 549/1996, dated 21/01/2002 and quash the same.

For Petitioners : Mr.G. Sankaran for petitioner in W.P.No.25472 to 25475, 25477 of 2004 Mr.G. Sankaran for Petitions in W.P.Nos.25701, 25702 and 25704 of 2004 For Respondents : Mr. K. M. Ramesh for R1 for all WPs.

R2- Labour Court for all WPs.

CO M M ON O R D E R The order dated 17/10/2001, 19.01.2001, 31.10.2001, 29.11.2001, 13.09.2001, 21.01.2002, 21.01.2002 and 21.02.2002 passed by the second respondent in C.P.Nos.322, 317, 248, 173, 318 of 2001 and 490, 596 and 549 of 1996 is under challenge in the present Writ Petitions.

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W.P.No.25472 of 2004

2. The petitioner is a Village Panchayat and the first respondent workman is employed as Over Head Tank Operator in the petitioner village on part time basis. The post of Over Head Tank Operator is itself part time job. Under these circumstances, the Government issued orders fixing the wages for the employees. The Claim Petition was allowed based on the Government Order issued in G.O.Ms.No. 449, Labour and Employment Department, dated 6/06/1977.

3. The learned counsel appearing on behalf of the writ petitioner states that the said Government Order is not applicable to respondent workman, more specifically for the post of Over Head Tank Operator working on part time basis. In respect of those workmen, Government Order was issued in G.O.No.192, dated 10.06.1997. The Government Order relied upon by the second respondent viz.G.O.No.449 Labour and employment Department, dated 06.06.1977 is not applicable on the other hand G.O.No.192, Rural Development Department dated 10.06.1997 alone would be applicable in the case of R1 as per the learned counsel appearing on behalf of the writ petitioner.

4. This court is not inclined to go into applicability of various Government Orders now cited by the respective parties. The fact remains that the order under challenge is ex parte order passed without hearing the petitioner. In view of the fact that the order impugned is ex pate order, this court is of the opinion that all such issues are to be adjudicated and decided on the basis of the documents as well as evidence if any to be adduced by the respective parties, on merits and in accordance with law. In normal circumstances, the High Court cannot encourage ex parte orders. Under these circumstances, the order dated 17/10/2001, 19.01.2001, 31.10.2001, 29.11.2001, 13.09.2001, 21.01.2002, 21.01.2002 and 21.02.2002 passed in C.P.Nos.

322, 317, 248, 173, 318 of 2001 and 490, 596 and 549 of 1996, are quashed and the second respondent Labour Court is directed to restore the petitions to file and hear the matter by adjudicating the issues after affording an opportunity to all the parties concerned and dispose of the same within a period of 3 months from the date of receipt of a copy of this order.

5. The Writ Petition is allowed with a condition to pay Rs.10,000/- cost to the learned counsel appearing for the first respondents workmen within a period of four weeks from the date of receipt of a copy of this order, failing which the Writ Petitions shall stand dismissed automatically. No costs. Memorandum of Cost A condition to pay Rs.10,000/- cost to the learned counsel appearing for the first respondents workmen ...10,000/- ---------- To be paid by the petitioner to the respondent 10,000 ---------- Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar mrn To

1. The Presiding Officer, II Addl. Labour Court, Chennai.

2. The Presiding Officer I Additional Labour Court Chennai

3. The President, Arasoor Village Panchayat,

4. The President Sirulapakkam Village Panchayat, 6/7

5. The President, Methoor Village Panchayat

6. The President Panappakkam Village Panchayat, Tiruvallur District.

7. The President Sirulapakkam Village Panchayat, Tiruvallur District.

8. The Commisioner, Minjur Panchayat Union, Minjur, Tiruvallur District.

9. The President Kalpakkam Panchayat Union, Panchayat, Ponneri Taluk, Thiruvallur District.

10. The President, Kolur Panchayat, Tiruvallur District.

11. The President, Merattur Panchayat, Tiruvallur District.

+2 ccs to Mr.G.Sankaran Advocate sr95994,96498 +1 cc to Mr.K.M.Ramesh Advocate sr95818 W.P.No.25472 to 25475, 25477, 25701, 23702 and 25704 of 2004 aa30/12/2019 7/7