Salem Mandala Udaya v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.01.2024
CORAM:
THE HONOURABLE JUSTICE Dr. JUSTICE D. NAGARJUN Writ Petition.No.25804 of 2015 and W.M.P.No.21900 of 2019 and M.P.Nos.1 and 2 of 2015 Salem Mandal Udaya Amaippuchara Mattrum Kattumana Thozhilalgal Nala Sangam, Rep., by its President C.Raja, Old Pudu Reddiyur Village, Obilinaikenhalli Post,Pappireddipattti Taluk, Dharmapuri District.
... Petitioner Vs.
1. The Government of Tamil Nadu, Rep., by Secretary to Government, Labour Welfare Department, Fort St. George, Chennai-600 009.
2. The Labour Commissioner, DMS Compound, Chennai.
3. The Labour Officer, Social Security Scheme, Dharmapuri. Respondents Prayer: Writ Petition is filed under Article 226 of he Constitution of India, seeking to issue a Writ of Certiorari to call for the records of the third respondent pertaining to his proceedings in Na.Ka.No.407 of 2013 dated 23.08.2013 and quash the same.
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For Petitioner : Mr.M.Selvam For Respondents : Mr.P.Gurunathan Additional Government Pleader
ORDER
Aggrieved by the impugned show cause notice issued by the third respondent in proceedings Na.Ka.No.407/2013 dated 23.08.2013, the petitioner is before this Court.
2. The petitioner/ Salem Mandal Udaya Amaippuchara Mattrum Kattumana Thozhilalgal Nala Sanga, is a Trade Union registered under the Trade Unions Act formed with an objective to protect the interest of the Labourers in the unorganized sector and construction industry in and around the Dharmapuri District. Pursuant to the welfare schemes introduced by the Government, applications were made by the petitioner Union under the Manual Labourer (Construction workers) Welfare Scheme. Alleging irregularities in verifying and certifying the said applications show cause notice dated 23.08.2013 was issued by the third respondent to the petitioner union. Challenging the said show cause notice, the petitioner is before this Court.
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3. Heard both sides and perused the materials available on records.
4. The Writ Petition has been filed challenging the impugned order of issuance of show cause notice dated 23.08.2013, however, it has been the consistent view of the Courts that the Courts cannot interfere with the show cause notice at the threshold, thereby, the prayer sought for in the present Writ Petition cannot be entertained. The petitioner has to necessarily submit their explanation to the show cause notice. Upon receipt of such explanation, the third respondent will pass appropriate orders. However, liberty is granted to the petitioner to raise all objections, before the said authority, in response to the impugned show cause notice.
5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
05.01.2024 jai Index:Yes/No Speaking Order: Yes/No 3/4
Dr.D. NAGARJUN, J.
jai To
1. The Government of Tamil Nadu, Rep., by Secretary to Government, Labour Welfare Department, Fort St. George, Chennai-600 009.
2. The Labour Commissioner, DMS Compound, Chennai.
3. The Labour Officer, Social Security Scheme, Dharmapuri.
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