S.Murugan v. Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Murugan President, SPINCO Labour Union (SLU) ... Petitioner in W.P.5506/2025 V.Sivasankaran ... Petitioner in W.P.5509/2025 S.Durailingam Secretary, Spinco Bharatiya Thozhilalar Sangam ... Petitioner in W.P.5512/2025 Vs.
1.Chief Secretary, 2.Secretary to Co-operative Societies, Chief Secretariat, 3.Secretary to Government, Labour 4.The Labour Commissioner, Labour Department, 1/6
5.The Registrar of Co-operative Societies, Cum Administrator, The Pondicherry Co-op Spinning Mill Employees Co-operative Credit Society Ltd., V.V.P.Nagar, Thatanchavady, Puducherry - 605 009.
6.The Labour Officer (Conciliation) Labour Department, Nehru Nagar, 7.Managing Director, Pondicherry Spinning Mills, Thirubhuvanai, Pondicherry.
...Respondents in all the W.Ps.
Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to pay the pending Bonus as per the Payment of Bonus Act, 1965 for the employees accrued during the period of 2017-2018, 2018-2019, 20192020, 2020-2021, 2021-2022. For Petitioners : Mr.V.Balamurugane For Respondents : Mr.V.Vasanthakumar Additional Government Pleader (P) C O M M O N O R D E R Mr.V.Vasanthakumar, learned Additional Government Pleader (P) takes notice on behalf of the respondents. By consent, the writ 2/6
petitions are taken up for final disposal at the admission stage itself. 2.These writ petitions have been filed seeking issuance of Writ of Mandamus, to direct the respondents to pay the pending bonus as per the Payment of Bonus Act, 1965 for the employees accrued during the period of 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022. 3.The learned counsel appearing for the petitioners submitted that Bonus for the period of 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022, were not paid to the workers and staff of Pondicherry Co-operative Spinning Mills Limited and in this regard, several representations were made to the authorities concerned especially to the seventh respondent and fourth respondent and the seventh respondent sent letter dated 30.05.
2022 to the sixth respondent stating that the mill is unable to make bonus payment from the year 2020-2021 and that the mill has submitted proposal to Government seeking financial assistance for payment of bonus vide letter dated 30.10.2021 and that financial assistance is awaited from the Government and action would be taken to disburse bonus soon after receipt of assistance from Government.
the Government.
4.Considering the limited relief now sought for by the learned counsel appearing for the petitioners and in view of the letter of the seventh respondent dated 30.05.2022 sent to the sixth respondent, this Court, without going into the merits of the case, directs the Government to dispose of the letter/ proposal/ representation dated 30.10.2021, within a period of eight weeks from the date of receipt of a copy of this order.
5.The writ petitions are disposed of. No costs. 18.02.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Chief Secretary, 2.The Secretary to Co-operative Societies, Chief Secretariat, 4/6
3.The Secretary to Government, Labour 4.The Labour Commissioner, Labour Department, 5.The Registrar of Co-operative Societies, Cum Administrator, The Pondicherry Co-op Spinning Mill Employees Co-operative Credit Society Ltd., V.V.P.Nagar, Thatanchavady, Puducherry - 605 009.
6.The Labour Officer (Conciliation) Labour Department, Nehru Nagar, 7.The Managing Director, Pondicherry Spinning Mills, Thirubhuvanai, Pondicherry.
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M.DHANDAPANI,J.
pri W.P.Nos.5506, 5509 and 5512 of 2025 6/6
18.02.2025 7/6