Workmen Of Mohan Beeweries And Distilieries Limited, v. The Directo Fo Industrial Safety And Health

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 14376 of 2019 and W.M.P. No.14422 of 2019 Workmen of Mohan Breweries and Distillieries Limited Through United Labour Federation Regn No.2651 / CNI Represented by its Secretary No.149, Thambu Chetty Street, C.J. Complex, Chennai 600 001.

... Petitioner -vs1.The Director of Industrial Safety & Health, Industrial Safety and Health Directorate, New No. 35, Old No.69, IOA Buildings, Thiru Vi Ka High Road, Royapettah, Chennai - 600 014.

2.The Deputy Director of Industrial Safety and Health, No.6, 2nd Floor, Lal Bhadur Shastri Street, Periyakuppam, Thiruvallur - 602 001.

3.The Management of Mohan Breweries and Distilleries Limited No. 7, Selva Street, M.M.Nagar, Valasaravakkam, Chennai - 600 087.

4.The Senior General Manager The Management of Mohan Breweries and Distilleries Limited No.7, Selva Street, M.M.Nagar, Valasaravakkam, Chennai - 600 087.

5.The Senior General Manager, The Management of Mohan Breweries and Distilleries Limited Irukunra Palli, Venkpakkam, Chengalpet, Kancheepuram District - 603 111.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to take steps for payment of wages and ensure prompt payment of wages to the members of the

petitioner union, employed in M/s.Mohan Breweries and Distilleries Limited viz the 3rd Respondent herein and ensure the said payment of wages to the workers listed in the typed set. For Petitioner :

Mr. V.Prakash (Senior Counsel) for Mr. M.Suresh For Respondents:

Mr. D.Sathyaraj (R1 and R2) Special Government Pleader Mr. Anand Gopalan (R3 to R5) for M/s.T.S.Gopalan and Co.

O R D E R

(through video conference) Heard Mr. V.Prakash, Learned Senior Counsel appearing for the Petitioner, Mr. D.Sathyaraj, Learned Special Government Pleader appearing for the First and Second Respondents and Mr. Anand Gopalan, Learned Counsel appearing for the Third to Fifth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

In this Writ Petition filed on 13.05.2019, the grievance sought to be ventilated by the Petitioner, which is a registered trade union, is that its members who are in the employment of the Third to Fifth Respondents had not been paid their wages from March 2019 onwards. The Third to Fifth Respondents have filed a counter affidavit dated 28.07.2020 through Deputy General Manager, viz., one G.Thiyagarajan, in which details of payment of salaries paid to its employees from January 2019 to June 2020 has been furnished in its annexure as extracted below:- Months Date of Payment of salary No. of working days Monthly production Capacity - 655300 cases IMFL Unit production of cases per the month Brewery Unit Production details for the month Jan 2019 18-02-2019 272677 Nil Feb 2019 04-05-2019 188498 Nil Mar 2019 21-06-2019 99230 Nil Apr 2019 11-07-2019 Nil Nil May 2019 31-07-2019 Nil Nil Jun 2019 17-08-2019 35134 Nil

Months Date of Payment of salary No.

of working days Monthly production Capacity - 655300 cases IMFL Unit production of cases per the month Brewery Unit Production details for the month Jul 2019 05-09-2019 285948 Nil Aug 2019 30-09-2019 441244 Nil Sep 2019 17-10-2019 4331533 Nil Oct 2019 07-11-2019 434700 Nil Nov 2019 07-12-2019 561100 Nil Dec 2019 08-01-2020 584300 Nil Jan 2020 07-02-2020 548100 Nil Feb 2020 11-03-2020 576600 Nil Mar 2020 07-04-2020 445400 Nil Apr 2020 20-05-2020 Nil Nil May 2020 10-06-2020 234953 Nil Jun 2020 13-07-2020 521000 Nil It is rightly pointed out by the Learned Senior Counsel for the Petitioner that it would be evident from that admission of the Third to Fifth Respondents itself that the payment of wages has not been made within the prescribed time limit of the seventh day of the following the month on which it is falls due for most of the wage periods.

The First and Second Respondents have also filed Counter Affidavit dated 09.07.2019 stating that the explanation given by the Third to Fifth Respondents for the delay in payment of wages to its employees has not been satisfactory and that proposal for prosecution was being sent to the concerned authority.

3.

In this backdrop, the Third to Fifth Respondents have filed another affidavit dated 11.08.2020 through Deputy General Manager, viz., G.Thiyagarajan, in which it has been stated that in future, wages would be paid on time to all employees and they would undertake to comply with the statutory requirements in this regard.

4.

Having due regard to the fact that the Third to Fifth Respondents have now paid the monthly wages due till date though belatedly and have undertaken to pay future wages on time to its employees, it would suffice to observe here that in the event of

default or delay in payment of wages in future to the employees by the concerned persons responsible in the establishment of the Third to Fifth Respondents, the previous delay as noticed supra shall also be taken into account for their prosecution as per law.

5.

Accordingly, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected writ miscellaneous petition is closed. No Costs.

-s/d- Assistant Registrar(CS- ) True Copy Sub-Assistant Registrar To 1.The Director of Industrial Safety & Health, Industrial Safety and Health Directorate, New No. 35, Old No.69, IOA Buildings, Thiru Vi Ka High Road, Royapettah, Chennai - 600 014.

2.The Deputy Director of Industrial Safety and Health, No.6, 2nd Floor, Lal Bhadur Shastri Street, Periyakuppam, Thiruvallur - 602 001.

rsv(co) krd 18/8 W.P. No. 14376 of 2019