Dr. M. Iniyavan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.04.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.1385 of 2018 Dr.M.Iniyavan State General Secretary, Tamilnadu Samaiyal Kalai Thozhilalar Munnetra Sangam No.2, 6th Street, Lakshmipuram Extension Tambaram West Chennai - 600 045.
..Petitioner vs 1.The State of Tamil Nadu, Represented by its Chief Secretary, Fort St.George, Secretariat, Chennai - 600 009.
2.The Secretary to Government, Labour and Employment & Training Department, Fort St.George, Secretariat, Chennai - 600 009.
3.The Commissioner of Labour, Labour Commissionarate, Chennai - 600 006.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to appoint the members to the Tamil Nadu caterers and Catering Labourers Welfare Board for ensuring the needy people including the Petitioner's Sangam from obtaining necessary benefit from the Government based upon his representation dated 18.07.2017.
For Petitioner : M/s.A.Prakash For Respondents : Mr.J.Ramesh, AGP
O R D E R
The relief sought for in this writ petition is for a direction to the respondents to appoint the members in Tamil Nadu Cooking Food Workers Welfare Board for ensuring the needy people including the petitioners Sangam for receiving necessary benefit from the Government based on their representation dated 18.07.2017.
2.The grievance of the writ petitioner is that the Government issued G.O.Ms.No.31, Labour and Employment(I-1) Department dated 23.02.2011, constituting a board namely Tamil Nadu Cooking Food Workers Welfare Board. Though the Board was constituted by the Government, the members are yet to be appointed and the Board is not functioning as of now. 3.In this view of the matter, the petitioners are unable to redress their grievances through the Board constituted for the welfare of the employees, who all are the members of the Sangam. In this regard and for the purpose of appointing the members and for the purpose of redressal of the grievances of these employees, the petitioner made a representation to the 3rd respondent on 18.07.2017 and the same is yet to be considered. 4.
Thus, without going into the merits of the matter, the 3rd respondent is directed to consider the representation submitted by the writ petitioner on 18.07.2017 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is also directed to enclose the copy of the representation along with the order and all Government orders, if any.
5.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kak
To 1.The Chief Secretary, The State of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.
2.The Secretary to Government, Labour and Employment & Training Department, Fort St.George, Secretariat, Chennai - 600 009.
3.The Commissioner of Labour, Labour Commissionarate, Chennai - 600 006.
+ 1 cc to Mr.S. Kumaradevan, Advocate Sr.24515 + 1 cc to Government Pleader Sr.24849 W.P.No.1385 of 2018 SVI(CO) EU(24/04/2018)