K.Vanitha v. The Labour Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.15098 of 2025 K.Vanitha ... Petitioner Vs.
1.The Labour Commissioner, DMS Campus, Anna Salai, Teynampet, Chennai - 600 006.
2.The Assistant Commissioner of Labour, (Social Security Scheme), Integrated Labour Department Offices Building, Yercaud Main Road, Gorimedu, Salem - 8.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned suspension order vide Na.Ka.No.2062/2024 dated 03.12.2024 issued by the second respondent and quash the same and consequently direct the respondents to permit the petitioner Union to give the certificate of employment and to certify the claim application of the manual workers / unorganized workers under the Act and Schemes.
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For Petitioner : Mr.L.Ramanathan For Respondents : Mr.K.Surendran Additional Government Pleader
O R D E R
Mr.K.Surendran, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned suspension order vide Na.Ka.No.2062/2024 dated 03.12.2024 issued by the second respondent and quash the same and consequently direct the respondents to permit the petitioner Union to give the certificate of employment and to certify the claim application of the manual workers / unorganized workers under the Act and Schemes.
3.The petitioner is the District President of Salem Mandala Esuraja Katumana Mattrum Amaippusaara Thozhilalar Nala Sangam. The said Sangam approved the claim application for the death of one Sakthivel and the said application was rejected since the certificate of 2/5
employment of the said Sakthivel was wrongly uploaded and a show cause notice dated 08.11.2024 was issued to the petitioner and thereafter vide impugned order, the petitioner Sangam was temporarily suspended from giving the certificate of employment and certifying the claim application. Aggrieved by the same, the petitioner has filed this writ petition.
4.Though the writ petition has been filed seeking a larger relief, the learned counsel appearing for the petitioner now submitted that this Court may, without going into the merits of the case, issue direction to the first respondent to conclude the proceedings initiated against the petitioner and to pass appropriate orders, within a reasonable time frame.
5.The learned Additional Government Pleader appearing for the respondents submitted that the proceedings initiated against the petitioner would be concluded and appropriate orders will be passed, within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity to the necessary parties. 6.Considering the limited request now made by the learned 3/5
counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the first respondent to conclude the proceedings initiated against the petitioner and to pass appropriate orders, after providing opportunity to the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
17.04.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Labour Commissioner, DMS Campus, Anna Salai, Teynampet, Chennai - 600 006.
2.The Assistant Commissioner of Labour, (Social Security Scheme), Integrated Labour Department Offices Building, Yercaud Main Road, Gorimedu, Salem - 8.
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M.DHANDAPANI,J.
pri And W.M.P.No.15098 of 2025 17.04.2025 5/5