M/S.Vinayaga Industrial v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.26103 of 2015 and MP.No.1 of 2015 M/s.Vinayaga Industrial Training Institute, Rep. by its Correspondent, having office at Kullur Santhai Road, Periyavallikulam, Virudhunagar - 626 004.
... Petitioner Vs.
1.The Government of Tamilnadu Rep. by is Secretary Labour & Employment Department Fort St.George Chennai-600 009.
2.The Director of Employment & Training Alandur Road, Guindy, Chennai-600 032.
3.Regional Joint Director, I/C Regional Joint Director of Training No.870/8, Drivers' Colony, Near R.T.O. Office, Tirunelveli-7.
4.T.Raja Sekar Regional Joint Director of Training (at Tirunelveli) No.870/8, Drivers' Colony, Near R.T.O. Office, Tirunelveli-7.
... Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the second respondent herein to reimburse the training cost in terms of the claim format submitted by the petitioner Management on 07.01.2015 for a sum of Rs.60,000/- (Rupees Sixty Thousand Only) as approved by the Nodal authority.
For Petitioner : Mr.S.Kamadevan For Respondents : Mr.A.Kumar Special Government Pleader, For R1 & R2
O R D E R
The petitioner seeks for a mandamus, directing the second respondent to reimburse the training cost in terms of the claim format submitted by the petitioner Management on 07.01.2015 for a sum of Rs.60,000/- (Rupees Sixty Thousand Only) as approved by the Nodal authority.
2. Heard both sides.
3. It appears that the claim for reimbursement of the training cost is made by the petitioner based on G.O.(Ms) No.115, Labour and Employment (SI) Department dated 19.07.2012. The said claim petition dated 07.01.2015, is still pending and not yet disposed of. Therefore, it is for the second respondent to consider the said claim of the petitioner and pass appropriate orders, also by taking note of the said G.O (Ms) No.115, Labour and Employment (SI) Department dated 19.07.2012.
4. The learned Special Government Pleader appearing for the first and second respondents submitted that the request of the petitioner will be consider and appropriate orders will be passed, within the time frame fixed by this Court.
5. Considering the above said submissions made by the learned counsels on either side and considering the facts and circumstances of the present case, this writ petition is disposed of, with a direction to the second respondent to consider the claim of the petitioner dated 07.01.2015 for reimbursement of the training cost and pass appropriate orders on merits and in accordance with law. Since the said claim petition was addressed to the Principal, Government I.T.I., Virudhunagar, the petitioner shall re-submit the said claim petition before the second respondent, within a period of seven days from the date of receipt of a copy of this order. On receipt of such claim petition, the second respondent shall pass orders as stated supra, within a period of eight weeks
thereafter. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To 1.The Government of Tamilnadu Rep. by is Secretary Labour & Employment Department Fort St.George Chennai-600 009.
2.The Director of Employment & Training Alandur Road, Guindy, Chennai-600 032.
3.Regional Joint Director, I/C Regional Joint Director of Training No.870/8, Drivers' Colony, Near R.T.O. Office, Tirunelveli-7.
4.T.Raja Sekar Regional Joint Director of Training (at Tirunelveli) No.870/8, Drivers' Colony, Near R.T.O. Office, Tirunelveli-7.
+1cc to M/s.S.Kamadevan, Advocate, S.R.No.47436/17 +1cc to the Government Pleader, S.R.No.47681/17 W.P.No.26103 of 2015 AR(CS III) CU(20/07/2017)