R. Damodaran, Secretary v. The Asst. Comm. Of Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.4050 of 2018 R.Damodaran, Secretary, Uzhaippor Urimai Iyakkam, Representing M/s M.Kunjammal & 209 workers, 126, Eswaran Koil Street, Opp. Pricol Co. Op. Society, Periyanaickenpalayam, Coimbatore - 641 020.
...Petitioner
Vs.
1.
The Assistant Commissioner of Labour, (Authority under the Contract Labour Regulation & Abolition)Act, 1970, O/o. of the Deputy Commissioner of Labour, Balasundaram Road, Coimbatore.
2.
The Commissioner, Coimbatore Corporation, Town Hall, Coimbatore - 641 001.
3.
The Director, Vardhan Infrastructures, 17, Nethaji Main Road, Udayanpalayam, Coimbatore - 641 028.
...Respondents
1/5
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider and dispose of the petitions filed by 210 contract workers dated 16.11.2016 claiming wages on par with the regular and permanent workmen within a time frame.
For Petitioner : Mr.K.M.Ramesh For Respondents : Mr.S.John J.Raja Singh, AGP, for R1 : Mr.M.Elumalai for Mr.K.Magesh, for R2
O R D E R
The petitioner has filed this Writ petition seeking direction to the 1st respondent to consider and dispose of the petitions dated 16.11.2016, filed by 210 contract workers, claiming wages on par with the regular and permanent workmen.
2. The case of the petitioner is that the petitioner-iyakkam represents 210 workers, who are working as sanitary workers under the 3rd respondent contractor, engaged by the 2nd respondent corporation as Principal employer. While so, the workmen have filed petitions/representations dated 16.11.2016 before the 1st respondent seeking direction to the 2nd and 3rd respondents to pay the same wages which is being paid to the regular sanitary workers 2/5
employed by the 2nd respondent, however, till date, no orders have been passed on the said petitions. Hence, this Writ petition.
3. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitions/representations dated 16.11.2016 made by the workmen and to consequently, pay them wages on par with the regular and permanent workmen.
4. Learned Additional Government Pleader appearing for the 1st respondent submitted that appropriate orders will be passed on the petitions/ representation dated 16.11.2016 filed by the workmen within the time stipulated by this Court.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitions/representations dated 16.11.2016 filed by the workmen on merits and pass appropriate orders in terms of the Contract Labour (Regulation & Abolition) Act, 1970, within a period of four weeks from the 3/5
date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
6. This Writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous petition is closed. 25.08.2023 skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To 1.
The Assistant Commissioner of Labour, (Authority under the Contract Labour Regulation & Abolition)Act, 1970, O/o. of the Deputy Commissioner of Labour, Balasundaram Road, Coimbatore.
2.
The Commissioner, Coimbatore Corporation, Town Hall, Coimbatore - 641 001.
3.
The Director, Vardhan Infrastructures, 17, Nethaji Main Road, Udayanpalayam, Coimbatore - 641 028.
4/5
M.DHANDAPANI., J.
skt and WMP.No.4050 of 2018 25.08.2023 5/5