Coimbatore And Periyar District v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.8152 of 2025 1.Coimbatore and Periyar District, Dravide Panchalai Thozhilalar Munnetra Sangam, Regd. No.2658, Rep. by its General Secretary, No.69, Tatabad Street, No.3, Coimbatore - 641 012. 2.The Coimbatore District Textile Workers Union, Regd.No.111/1938, Rep. by its President, No.2212, Trichy Road, Singanallur, Coimbatore - 641 005. 3.Coimbatore District Mill Workers Union, Affiliated to AITUC, Regd. No.84, Rep. by its General Secretary, 99, Rangan Street, Kattoor, Coimbatore - 641 009. 4.National Textile Workers Union, Regd. No.1454, Rep. by its General Secretary, 1848, Trichy Road, Ramanathapuram, Coimbatore - 641 045. 5.Coimbatore District Anna Panchalai Thozhilalar Sangam, Regd. No.1102, Rep. by its President, No.108, Grey Town, Coimbatore - 641 018.
Page No.1 of 9
6.Coimbatore District Mill Labour Union, Affiliated to CITU, Regd. No.78, 381/27, Anuppar Palayam, Coimbatore - 641 009. 7.Covai Mandala Panchalai Thozhilalar Sangam, Affiliated to NDLF, Rep. by its General Secretary, Regd. No.1300, AKS Nagar Extension, NGGO Colony Road, Rakkipalayam, Coimbatore - 641 031. 8.Dr.Ambedkar Desia Panchalai Thozhilalar Sangam, Affiliated to Dr. Ambedkar Union, Regd. No.657/CBE, Rep. by its President, A-423 Vetrivinayagar Koil Street, Ganapathy Maa Nagar, Coimbatore - 641 006. ... Petitioners Vs.
1.Union of India, Rep. by its Secretary Ministry of Labour, I Ministry of Textiles, Shram Shakti Bhawan, Rafi Marg, New Delhi - 110 001.
2.National Textile Corporation Ltd., Rep. by its Chairman, Core IV Scope Complex, Lodhi Road, New Delhi - 110 003.
3.Regional Labour Commissioner (Central), Kanaga Apartments, Suite No.III, I Floor, 13-A, Lady Doak College Road, Chinna Chokikulam, Madurai - 625 002.
... Respondents Page No.2 of 9
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to forthwith pay all the benefits to the workers listed in the Annexure - A due and payable, namely wages for the period worked since 01.09.2024, minimum bonus, earned leave dues, Leave Travel concession, Casual Leave and Annual increments for the years from 2020 - 2024. For Petitioners : Mr.V.Prakash Senior Counsel for M/s.S.Gokul For Respondents : Mr.K.S.Jeyaganeshan [R1] *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents 1 and 2 to forthwith pay all the benefits to the workers listed in the Annexure - A due and payable, namely wages for the period worked since 01.09.2024, minimum bonus, earned leave dues, Leave Travel concession, Casual Leave and Annual increments for the years from 2020 - 2024.
2. Since no adverse order has been passed against the respondents 2 and 3, notice to the respondents 2 and 3 is dispensed with. Page No.3 of 9
3. Mr.K.S.Jeyaganeshan, learned counsel, takes notice on behalf of the 1st respondent. With the consent of the learned counsel appearing for the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The case of the petitioners is that, they represents the majority of the workers working in the textile mills of Coimbatore region, which are not working and therefore, they were undertaken by the National Textile Mills, the 2nd respondent herein and only the essential services such as security, maintenance of machines, power house, scavenging are still working as they are essential to the working of the mill. These workers have not been paid wages, even though they are working. They have not been paid from the month of September, 2024 onwards, namely the wages, payable in October, 2024. Therefore, the petitioners have raised an industrial dispute before the Regional Labour Commissioner, the 3rd respondent herein, who advised the 2nd respondent to pay the wages for the workers on 26.12.2024. Since the wages were not paid to the workers, the petitioners have filed the present writ petition before this Court.
Page No.4 of 9
5. Though very many grounds have been raised in this writ petition, however, at the time of arguments, learned Senior Counsel appearing for the petitioners restricted his prayer and sought permission of this Court to file appropriate representation before the respondents 1 and 2 and if such representation is filed, the respondents 1 and 2 may be directed to pass appropriate orders within a time frame a that may be stipulated by this Court.
6. Learned counsel appearing for the 1st respondent submitted that the representation to be filed by the petitioners will be considered in the manner known to law.
7. In view of the above, this Court, without going into the merits of the case, grants liberty to the petitioner to file appropriate representation before the respondents 1 and 2, within a period of two (2) weeks from the date of receipt of a copy of this order. If such representation is filed by the petitioners, the respondents 1 and 2 are directed to consider the same on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks thereafter.
Page No.5 of 9
8. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 28.02.2025 Index : Yes / No (2/2) Speaking order / Non-speaking order sp Page No.6 of 9
To 1.The Secretary, Ministry of Labour, I Ministry of Textiles, Shram Shakti Bhawan, Rafi Marg, New Delhi - 110 001.
2.The Chairman, National Textile Corporation Ltd., Core IV Scope Complex, Lodhi Road, New Delhi - 110 003.
3.The Regional Labour Commissioner (Central), Kanaga Apartments, Suite No.III, I Floor, 13-A, Lady Doak College Road, Chinna Chokikulam, Madurai - 625 002.
Page No.7 of 9
M.DHANDAPANI, J.
sp 28.02.2025 (2/2) Page No.8 of 9
W.M.P.No.8151 of 2025 in M.DHANDAPANI, J.
Ordered, as prayed for.
28.02.2025 sp (1⁄2) Page No.9 of 9