N.Muruganandam v. The Secretary (Cooperation)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN AND WMP NO.14499 OF 2025
1. N.Muruganandam S/o.K.Natarajan, 28 Nehru Nagar Extenstion, Thalatheru (P.O), Karaikal 609605.
2.A.Chellappandi S/o.R.Appasamy, No.21 Mariyam Nagar, Karaikal, UTI Of Puducherry 609 602.
3. KICHENRAJDOU S/o.Kaliyammorthy, No.113 4 th Cross, MSP Lakshmi Nagar, Keezhakasakudi, Thatheru Post, Karaikal, UTI Of Puducherry 609 605.
4.Mr.Sivakumar S/o.P.Balasubramanian, No.22 1 st Cross, DR Nagar, Kossapalayam, Puducherry.
5.Mr.Mathiazagan S/o.K.Namasivayam, No.7 2 nd Cross,
Nethaji Nagar Extension, Ammal Chaitram, Karaikal, UTI Of Puducherry 609602.
Petitioner(s) Vs
1. The Secretary (Co-operation) Government Of Pondicherry, Pondicherry.
2.The Registrar Of Cooperative Society Government Of Pondicherry, Pondicherry.
3.The Managing Director Mis.Jayapraksh Narayan Cooperative Spinning Mills Ltd., Keezhamanai, Neravy, Karaikal.
4.The Administrator Mis.Jayapraksh Narayan Cooperative Spinning Mills Ltd., Keezhamanai, Neravy, Karaikal.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to pay the petitioners' salary / wages at the restored rate, on par with similarly placed staff employed in the 4 th respondent's spinning mill, without any discrimination and pay the pending arrears arising from the difference in pay, effective from June 2024,
when the petitioner resumed duty in compliance with the order of the Hon'ble High Court dated 28.03.2024 in WP.Nos.16015 and 33245 of 2022 along with applicable interest within a stipulated time frame and pass such other or further orders, as may be deemed just and proper in the interest of justice. For Petitioner(s):
M/s. P.R.Thiruneelakandan For Respondent(s):
Mr.J.Kumaran, A.G.P. (Pondy) For R1 and R2 Mr.S.Karthick For R3 *******
ORDER
This Writ Petition has been filed seeking for a writ of Mandamus, directing the respondents to pay the petitioners' salary / wages at the restored rate, on par with similarly placed staff employed in the 4 th respondent's spinning mill, without any discrimination and pay the pending arrears arising from the difference in pay, effective from June 2024, when the petitioner resumed duty in compliance with the order of the Hon'ble High Court dated 28.03.2024 in WP.Nos.16015 and 33245 of 2022 along with applicable interest within a stipulated time frame.
2. Heard Mr.P.R.Thiruneelakandan, learned counsel for the petitioner, Mr.J.Kumaran, learned Additional Government Pleader (Pondicherry) appearing
for the respondents 1 and 2 and Mr.S.Karthick, learned counsel for the 3 rd respondent.
3. The learned counsel for the petitioners would submit that while reviving the Mill, though respondents 3 and 4 have settled the full back wages to all the workmen who resumed work with the respondents, they have denied such relief to the petitioners, and they are also not making their actual dues even for the present. In this connection, the petitioners have sent the representation, which is annexed along with this writ petition.
4. At this juncture, the learned Additional Government Pleader (Pondicherry) appearing for the respondents 1 and 2 would submit that the representation of the petitioners should be considered by the respondents 3 and 4, as they have no way connected with the issue. However, the learned counsel for the 3 rd respondent would contend that they have been paying the amount as per the petitioners' eligibility and there are no ground to pay any excess amount.
5. However, the fact remains that the petitioners' representation is yet to be considered by the respondents 3 and 4. In such view of the matter, this Court, without going into the merits of the matter deems it appropriate to direct the respondents 3 and 4 to consider the petitioners' representation on it's own
merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of a copy of this order.
6. In the result, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected WMP is also closed. 01-07-2025 kmi Index:Yes/No Speaking order Internet:Yes To 1.The Secretary (cooperation) Government Of Pondicherry, Pondicherry.
2.The Registrar Of Cooperative Society Government Of Pondicherry, Pondicherry.
3.The Managing Director Mis.Jayapraksh Narayan Cooperative Spinning Mills Ltd., Keezhamanai, Neravy, Karaikal.
4.The Administrator Mis.Jayapraksh Narayan Cooperative Spinning Mills Ltd., Keezhamanai, Neravy, Karaikal.
C.KUMARAPPAN J.
kmi AND WMP NO. 14499 OF 01-07-2025