Gus Clothing Company, v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.25880 to 25888 of 2017 GUS CLOTHING COMPANY rep by its HR Manager - Mr.A.Kuppusamy 2/547, Sarkar Periyapalayam Uthukuli Road Tirupur, Tamil Nadu 641 607 .. Petitioner in W.P.No.25880 of ENRICH EXPORTS rep by its HR Manager - Mr.M.Harish Kumar No.29 A/6, Jawahar Nagar 2nd Street Sirupooluvapatti Main Road 15, Velampalayam (Post) Tirupur, Tamilnadu 641 607 .. Petitioner in W.P.No.25881 of 2017 CARONA KNITWEAR (CUTTING DIVISION) rep by its Manager - Mr.V.Esaran S.F.No.2, Suriya Nagar Lakshmi Nagar East Extension Tirupur, Tamil Nadu 641 602 .. Petitioner in W.P.No.25882 of CARONA KNITWEAR (UNIT-3) rep by its Manager - Mr.V.Esaran S.F.No.131/2, Gobipalayam Road Alukkuli (PO) Gopichettipalayam, Erode (DT) Tamil Nadu 638 453 .. Petitioner in W.P.No.
25883 of 2017 QUALITY KNIT WEARS PRIVATE LIMITED rep by its Manager - Mr.V.Mohan No.63, Sivagangai Road, Madurai East Vilathur, Madurai North Taluk Madurai, Tamilnadu 625 020 .. Petitioner in W.P.No.25884 of CARONA KNITWEAR (ULTRON) rep by its Manager - Mr.V.Esaran S.F.No.962, Idayan Kinaru Pirivu Kundadam Dharapuram, Tirupur DT.
Tamilnadu 638 702 .. Petitioner in W.P.No.25885 of 2017 QUALITY KNIT WEARS PRIVATE LIMITED rep by its Manager - Mr.V.Mohan No.18, Madurai Integrated Textile Park Thathampatti, T.Vadipatti Taluk Madurai, Tamilnadu 625 218 .. Petitioner in W.P.No.25886 of CARONA KNITWEAR (UNIT-1) rep by its Manager - Mr.V.Esaran S.F.No.31 - A, Om Sakthi Kovil Street Bridgeway Colony Extension Tirupur, Tamilnadu 641 607 .. Petitioner in W.P.No.25887 of INTALIA KNIT WEAR PRIVATE LIMITED rep by its Manager - Mr.V.Mohan No.16, Madurai Integrated Textile Park Thathampatti, T.Vadipatti Taluk Madurai, Tamilnadu 625 218 .. Petitioner in W.P.No.25888 of -vsState of Tamil Nadu represented by its Secretary Labour and Employment Department Fort St.George Chennai 600 009 .. 1st Respondent in all the W.
P's The Joint Director of Industrial Safety and Health Tirupur District 2nd Respondent in W.P.Nos.25880, Tirupur .. 25881, 25882, 25885, 25887 of 2017 The Joint Director of Industrial Safety and Health Erode District 2nd Respondent in Erode .. W.P.No.25883 of 2017 The Joint Director of Industrial Safety and Health Madurai District 2nd Respondent in W.P.Nos.25884, Madurai ..
representatives or any one claiming through or under them or any other person from in any manner applying the impugned Government Order in G.O.(2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 on the petitioner who are differently placed as Hosiery Manufactory (G.O.(2D) No.5, Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring Industry.
For Petitioners:: Mr.T.Thangamani For Respondents:: Mr.K.Rajendra Prasad Government Advocate
ORDER
These writ petitions have been filed for a direction forbearing the respondents, their men, officers, agents, servants, representatives or any one claiming through or under them or any other person from in any manner applying the impugned Government Order in G.O.(2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 on the respective petitioner who are differently placed as Hosiery Manufactory (G.O.(2D) No.5, Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring Industry.
2. Learned counsel appearing for the petitioners submitted that the scope of G.O.(2D) No.59 dated 10.10.2014 was elaborately adjudicated before the Hon'ble Division Bench of this Court and the judgment was delivered on 13.07.2016, dismissing the writ petitions.
3. Against the order passed in the writ petitions dated 13.07.2016, Review Application No.27 of 2017 was filed and on 27.04.2017, the Division Bench passed the following orders in the review application:
"5. Since, the matter is also under consideration before the Apex Court in some of the S.L.Ps preferred by various garments manufacturing industries, we feel it appropriate, in view of the above submissions made by the learned senior counsel that as no separate wages fixed is in G.O.Ms.No.5, dated 27.01.2016 for payment of minimum wages in Hosiery Industries and Tailoring Industries for domestic sales and export sales, and the stand of the review petitioners that the impugned G.O.59, dated 10.10.2014 is applicable to Hosiery Industry is factually incorrect and an error apparent on the face
of record. Therefore, liberty is given to the petitioners to approach the respondent/Government, seeking for reconsideration and to take decision as to the applicability of relevant G.O., to the petitioners.
Accordingly, Review Petitions are disposed of. No costs. Consequently, connected WMP Nos.9037 to 9061 of 2017 are closed."
4. In view of the orders passed in the review application, the writ petitions stand disposed of granting liberty to the writ petitioners to approach the respondent/Government seeking for reconsideration and to take a decision in relation to the applicability of relevant Government Order to the respective petitioner Company. No costs.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ss To
1. The Secretary to Government Labour and Employment Department Fort St.George Chennai 600 009
2. The Joint Director of Industrial Safety and Health Tirupur District Tirupur
3. The Joint Director of Industrial Safety and Health Erode District Erode
4. The Joint Director of Industrial Safety and Health Madurai District Madurai +9 CCs to Mr.T.Thangamani, Advocate in sr.no.71317 W.P.Nos.25880 to 25888 of 2017 NR 07/11/2017