S.P.Ramesh v. The Assistant Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No. 4868 of 2014 1.S.P.Ramesh 2.P.Gnanasekar 3.S.Suresh 4.G.Selvam 5.A.Sivakumar 6.A.Ekambaram 7.M.Arulkumar 8.J.Mohan 9.S.Madhanraj 10.K.Nandhakumar 11.R.Vijayakumar 12.M.Senthil 13.K.Umapathi 14.V.A.Parthiban 15.G.Santhanakrishnan 16.M.Thangaraj 17.N.Thangaraj 18.K.Ramraj 19.S.Vijayakumar 20.K.Parthiban 21.K.Babu 22.T.Arunkumar 23.M.Rajeshkumar 24.P.Ajeethprasth 25.M.Gnanadeepan 26.S.Kanniyappan 27.J.Swamynathan 28.J.Dineshkumar 29.S.Surendramohan 30.A.Jothiboss 31.P.Mariyappan 32.A.Thanigaivel 33.A.John Robert Raj
34.R.Nithyanandham 35.A.Habeeb 36.G.Jagan 37.R.Murugan 38.B.Sathishkumar 39.S.Ramesh 40.K.Mohan babu 41.S.Masthan 42.S.Kumar 43.R.Parathiban 44.M.Parthiban 45.K.Baskar 46.S.Mohan 47.S.Silithkumar 48.K.Siva 49.G.Gowtham 50.K.Griibabu 51.A.Manigandan 52.C.Selvakumar 53.R.Krishnamoorthy 54.K.Chandrasekar 55.A.Jayapal 56.D.Raja 57.P.Aruna 58.P.Senthamizh 59.S.Parameshwari 60.B.Jayanthi 61.A.Jeevitha 62.J.Savitha 63.E.Yuvarani 64.S.Sumathi 65.K.Suganya 66.J.Umadevi 67.M.Anitha 68.P.Archana
...Petitioners
Vs.
1. The Assistant Commissioner of Labour, The Authority under the payment of Subsistence Allowance Act, Office of the Deputy Commissioner of Labour - II, Teynampet, Chennai - 600 006.
2.The Management of Woosu Automotive India Private Limited, Rep by its Plant Manager, No.140, Narasinghapuram Village, Perambakkam, Thiruvallur District.
...Respondents
Prayer: This writ petition filed under Article 226 of the Constitution of India, to issue orders, directions or writs in particular a writ of Mandamus directing the 1st respondent to entertain the applications filed by the petitioners covered by the proceedings of the 1st respondent dated 17.09.2013 bearing Ref.No.Aa/thi/mu/No.D1/6052/13 with a direction to dispose of the same.
For Petitioner : Mr.K.Sudalaikannu For Respondents : Mr.S.Diwakar Special Government Pleader (For R1) Mr.R.Prabhakaran (For R2)
ORDER
Heard Mr.K.Sudalaikannu, learned counsel appearing for the petitioners, Mr.S.Diwakar, learned Special Government Pleader appearing for the first respondent and Mr.R.Prabhakaran, learned counsel appearing for the second respondent. 2.The petitioners made an application to the first respondent seeking certain demands including subsistence allowance. From the record, it appears that the petitioners have been suspended, pending inquiry. The main grievance of the petitioners appears to be the non-payment of subsistence allowance. The application was returned on two grounds by the first respondent. The first is non-production of the copies of the suspension orders and the second is lack of clear specification of the number of days delay.
3.As rightly submitted by the learned counsel appearing for the petitioners, the same cannot be a ground for return. The grievance of the petitioners is non-payment of the subsistence allowance. Thus, the first respondent ought to have entertained the application and decided it on merits leaving all the other issues open. The factum of suspension orders passed is also not in dispute.
4.A mere factum of non-specifying of number of days delay per se cannot be a ground for return of the application. Even the second reason assigned also cannot be sustained. After all, what the petitioners want is a conciliation to be undertaken by the first respondent after due notice to the second respondent. The first respondent has adopted a hyper technical approach contrary to the object, rationale enshrined in the social welfare legislation.
5.In such view of the matter, the order impugned is set aside and the petitioners are directed to present the application to the first respondent within a period of four weeks from the date of receipt of a copy of this order. As and when the same is presented, the first respondent shall take it on file and decide it on merits.
6.In the result, the writ petition is allowed. No costs. Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To
1. The Assistant Commissioner of Labour, The Authority under the payment of Subsistence Allowance Act, Office of the Deputy Commissioner of Labour - II, Teynampet, Chennai - 600 006.
2.The Management of Woosu Automotive India Private Limited, Rep by its Plant Manager, No.140, Narasinghapuram Village, Perambakkam, Thiruvallur District.
+1cc to Mr.R.Prabhakaran, Advocate SR.No.19789 +1cc to M/s.K.Sudalaikannu, Advocate SR.No.19702 +1cc to Government Pleader SR.No.20466 W.P.No.4868 of 2014 SDR 19.04.2017