Pattali Thozhilalar Pathukappu v. The Chairman & D.G.O.F,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2015
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.25904 of 2015 1.Pattali Thozhilalar Pathukappu Sangam Rep by its General Secretary, S.Elavarasu, Ordnance Clothing Factory, Chennai-600 054.
2.Bahujan Samaj Trade Union, Rep by its General Secretary, K.Sankar, No.51/5, Type II, OCF Estate, Giri Nagar, Avadi, Chennai-600 054.
3.All India Anna Employee's Union, Rep. By its General Secretary, A.Nawab No.47, Venkatesh Nagar, Patabiram Chathiram, Chennai-600 072.
..
Petitioners Vs.
1.The Chairman and D.G.O.F., Ordnance Factory Board, Kolkata-700 001.
2.The General Manager, Ordnance Clothing Factory, Avadi, Chennai-600 054.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to take appropriate action by considering the individual representations of the petitioner Unions dated 01.07.2015.
For Petitioners :
Mr.G.B.Saravana Bhavan
O R D E R
The petitioner Unions would alleged that all of them joined together and made a challenge to the illegal activities of some influential trade union leaders by misusing day work and there are no norms or any rules for allotment of the day work for the union leaders, but the management had alloted the day work to the leaders as mentioned in para 4 of the affidavit and the details are as under:
Sl.No Name Per No.
SEC Union Salary N.R.Murthy 104137 P6 Workers Union 68035 G.Paramasivam 104437 P6 Workers Union 60421 N.Kabali 104153 P6 Workers Union 64327 A.Varalakshmi 104967 P1 Workers Union` 48642 M.V.Gajendran 104439 P3 Workers Union 57511 P.S.Christophe r Ravikumar 104985 P6 Workers Union 45054 C.Nagarajan 104560 P6 LPF 55207 L.Kumar 104924 P2 LPF 51792 C.Ashok Kumar 105196 P4 LPF 31000 M.Devaraj 302721 P2 LPF 52401 S.Poovannan 105026 P2 LPF 44018 Total (Per Month) 578408 Total (Per Annum) 6940896 The petitioner would further state that the workers mentioned in para 4 have not taken part in the production and inspite of it, they were given Overtime Allowance for their own personal benefits without any legal basis, which resulted in financial loss of Rs.69,40,896/- and in this regard, they submitted individual representations dated 01.07.2015 and since they have not been favoured with any response, came forward to file this writ petition.
2. Heard the submissions of the learned counsel appearing for the petitioners.
3. This Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners, directs the second respondent to consider and dispose of the petitioners' individual representations dated 01.07.2015 on merits and in accordance with law after putting on notice the persons mentioned in para 4 of the affidavit and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.
4. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jvm
To 1.The Chairman and D.G.O.F., Ordnance Factory Board, Kolkata-700 001.
2.The General Manager, Ordnance Clothing Factory, Avadi, Chennai-600 054.
+ 1 cc to Mr.G.B. Saravanabhavan, Advocate Sr.44331 W.P.No.25904 of 2015 VGI(CO) Eu 08.09.15