Dr.Ambedkar Sc/St Sanitary v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12-10-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Dr.Ambedkar SC/ST Sanitary Workers Welfare Association, (Regd.No.286 of 2007), No.739/136, Thandavarayan Chathiram, Shenoy Nagar, Chennai - 30 Represented by its State President R.Anbuventhan ..
Petitioner vs.
1.The State of Tamil Nadu, Represented by its Chief Secretary, Fort St. George, Chennai-9.
2.The Secretary to the Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-9.
3.The Director, Town Panchayats, Kuralagam-IV Floor, Chennai-108.
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4.The Commissioner, Corporation of Chennai, Rippon Buildings, No.1131, E.V.R. Salai, Park Town, Chennai-3.
..
Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay a sum of Rs.1,650/- per day to every sanitation worker involved in flood relief work in Chennai in addition to their regular pay. For Petitioner : Mr.S.Satya Chandran For Respondents-1 to 3 : Ms.R.L.Karthika, Government Advocate.
For Respondent-4 : Mr.G.T.Subramanian, Standing Counsel.
O R D E R
The relief sought for in the present writ petition is to direct the respondents to pay a sum of Rs.1,650/- per day to every sanitation worker involved in flood relief work in Chennai in addition to their regular pay. 2/6
2. The writ petition is filed by the petitioner-Workers' Welfare Association. Regarding the pay, it is the right of an individual employee. Wages of an employee cannot be claimed through an Association as it involves verification of the work performance, attendance etc.
3. It is not made clear whether the Government issued any orders for any additional payment of salary or not. If at all the Government or the Corporation issued any orders to grant additional pay of Rs.1,650/- per day to every Sanitary Worker, then the same is to be granted only by verifying the job records and the particulars of the employee concerned.
4. In the present case, the writ petition itself is filed by an Association. The Association cannot seek any relief regarding payment of wages, which pertains to an individual employee. Thus the members of the petitioner-Association are at liberty to submit their representation, if they are otherwise entitled, in accordance with the Government Orders or the orders, if any, passed by the Corporation and in the event of any entitlement, then the same is to be considered by the Authorities by following the 3/6
procedures as contemplated.
5. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. 12-10-2022 Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
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To 1.The Chief Secretary, State of Tamil Nadu, Fort St. George, Chennai-9.
2.The Secretary to the Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-9.
3.The Director, Town Panchayats, Kuralagam-IV Floor, Chennai-108.
4.The Commissioner, Corporation of Chennai, Rippon Buildings, No.1131, E.V.R. Salai, Park Town, Chennai-3.
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S.M.SUBRAMANIAM, J.
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