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Madras High CourtWP/30496/2012dismissed

P.Seran v. The Managing Director

2025-02-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP Nos. 10326 & 28542 of 2021

1. P.Seran 2.K.Radhakrishnan 3.T.R.Natarajan 4.P.Thangavel

5. Narayanaswamy 6.Murugesan (retd) 7.P.Kalyasundaram Petitioner(s) Vs The Managing Director Tamilnadu Water Supply And Drainage Board, No.31 Kamarajar Salai, Head Office, Elizhagam, Chepauk, Chennai 5 Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to re-fix the petitioners pay as 610-1075 in the Ordinary Grade and 705-1230 in the selection grade in terms in G.O.Ms.No.511, Finance Department, dated 1.8.1992, G.O.Ms.No.739, Finance Department, dated 01.8.1992, G.O.Ms.No.739, Finance Department dated 18.12.1996 which was implemented in B.P.Ms.No.547, TWAD. 4.12.1997 and B.P.Ms.No.75, TWAD(WC), dated

24.6.2009 and the award of the Labour Court, Thirunelveli in I.D.No.147 of 1993, dated 7.11.1996 For Petitioner(s):

Mr. V.S. Jegadeesan For M/s.R.Rengaramanujam For Respondent(s):

Mr. S. Silambanan Sr. Counsel Asst. by Ms. S.Mekala, Standing Counsel For TWAD

ORDER

This writ petition has been filed seeking to direct the respondent to re-fix the petitioners pay as 610-1075 in the Ordinary Grade and 705-1230 in the selection grade in terms in G.O.Ms.No.511, Finance Department, dated 1.8.1992, G.O.Ms.No.739, Finance Department, dated 01.8.1992, G.O.Ms.No.739, Finance Department dated 18.12.1996 which was implemented in B.P.Ms.No.547, TWAD. 4.12.1997 and B.P.Ms.No.75, TWAD(WC), dated 24.6.2009 and the award of the Labour Court, Thirunelveli in I.D.No.147 of 1993, dated 07.11.1996.

2. It is the case of the petitioners that the petitioners and others are working as Assistant Drillers under the control of the respondent and have been paid the pay scale of Rs.610/- to Rs.1075/- and the pay scale of all the trade post

with ITI qualification was revised as Rs.610/- to Rs.1230/- and in respect of the selection grade it was revised as Rs.705/- to Rs.1230/- in terms of G.O.Ms.No.511, Finance Department dated 01.08.1992. The above said benefit was extended even to the unqualified person who are holding the trade post based on their experience in terms of G.O.Ms.No.739, Finance Department dated 19.12.1996. The above said G.O's were implemented by the respondents in terms of B.P.No.547 TWAD dated 04.12.1997 and B.P.No.75 TWAD(WC) dated 24.06.2009. However, the above said benefit was not extended to the petitioners herein. Hence, the similarly situated persons have raised an Industrial Dispute in I.D.No.147 of 1993 and the Labour Court vide order dated 07.11.1996 held that the Assistant Drillers are entitled for the benefit of the pay scale of Rs.610/- to Rs.

1075/- in respect of ordinary grade and Rs.705/- to Rs.1230/- in respect of selection grade. Despite of the representations made by the petitioner, the said benefit was not extended to the petitioners. Subsequently, a detailed order has been passed by the respondent vide proceedings dated 18.05.2011 in favour of the petitioners. Even then, the said benefit was not extended to the petitioners. Hence, the present writ petition has been filed.

3. Though very many grounds have been raised by the learned counsel petitioners, however, when this Court expressed its opinion that, there is an effective remedy available to the petitioners to file a computation petition before the appropriate forum, the learned counsel for the petitioners restricted the prayer and sought permission of this Court to approach the appropriate forum by way of making computation petition, for which, the learned counsel appearing for the respondent has not raised any objection.

4. In view of the restricted prayer as sought for by the petitioners, this Court without going into the merits of the case, grants liberty to the petitioners to approach the appropriate forum by way of making computation petition. Accordingly, this Writ Petition stands dismissed with the aforesaid liberty. No costs. Consequently, connected Miscellaneous petitions are closed. 07-02-2025 RAP Index:Yes/No

To The Managing Director Tamilnadu Water Supply And Drainage Board, No.31 Kamarajar Salai, Head Office, Elizhagam, Chepauk, Chennai 5

M.DHANDAPANI J.

RAP 07-02-2025