M.Radhakrishnan v. The Salem District Co-Op. Milk Producers
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.M.Radhakrishnan 2.I.Kunjupaiyan 3.U.Manivel 4.P.Sundar 5.P.Selvakumar 6.C.Manivannan 7.M.Babu 8.A.Kannan 9.A.Sivakumar 10.R.Mani 11..Murugan 12.R.Manoharan 13.M.Nizar 14.Thirumurugan 15.P.Sithuraj 16.M.Matheswaran 17.K.Mani 18.R.Munusamy 19.M.Subramaniam 20.D.Dharmalingam 21.J.S.Elangovan 22.M.Jambu 23.M.Murugan 24.B.Ramesh 25.M.Gunasekaran 26.V.Thangavel Page No.1 of 12
27.A.G.Murugesan 28.T.Mariappan 29.P.Selvakumar 30.A.Rajendran 31.A.Senthamaraikannan 32.M.Murugan 33.C.Periasamy 34.R.Eswaran 35.M.K.Vijayakumar 36.M.Mohan 37.S.Sekar 38.M.Sakthivel 39.S.Gunasekaran 40.V.Anbalagan 41.K.Gopal 42.R.V.Ganesan 43.S.Murugan 44.K.Manoharan 45.K.Mariappan 46.N.Srinivasan 47.G.Aruljothi 48.S.Raju 49.P.Sundaram 50.S.Pachamuthu 51.K.Bhaskar 52.R.Eswaran 53.C.R.Murugesan 54.V.Kumar 55.A.Rathinavel 56.R.Ramalingam 57.T.Velan 58.V.Marimuthu 59.D.Venkatachalapathy 60.M.Raja 61.K.Balu 62.A.Thamizharasi Page No.2 of 12
63.V.Madheswaran 64.P.Venkatesan 65.A.Natesan 66.D.Murugesan 67.G.Appayi 68.C.Kannan 69.K.Saravanan 70.D.Vadivel 71.K.Chinnaraju 72.K.Shajahan 73.C.Thiruselvam 74.P.Durai 75.T.Chandrasekaran 76.V.Tamil Gnanam 77.V.Jayakumar 78.P.Rangasamy 79.V.Palanivel 80.M.Gandhi 81.M.Bhaskaran 82.M.Ravi 83.N.Nagarajan 84.K.Arumugam 85.K.Viswanathan 86.R.Murugesan 87.D.Muniyandi 88.K.Masi 89.K.Palanisamy 90.M.Palaniappan 91.R.Palani 92.P.Murugesan 93.C.Kanagaraj 94.A.Vadivel 95.P.Ramamurthi 96.I.Visuvasam 97.F.Jaikar Samuel 98.D.Arumugam Page No.3 of 12
99.R.Ganesan 100.P.Mani 101.K.Kumar 102.C.Ganesan 103.G.Munusamy 104.S.Thangaraj 105.K.Chinnappan 106.K.Kathirvel 107.R.Selvaraj 108.A.Mathialagan 109.K.Madhesan 110.N.Balan 111.A.Nagoor Meeran 112.S.Muthusamy ... Petitioners Vs.
1.The Salem District Co-operative Milk Producers' Union Limited, E.D.912, Rep by its General Manager, Sithanur, Thalavaipatti Post, Salem 636 302.
2.The Commissioner for Milk Production and Diary Development, 36-A, Pasumpon Muthuramalinga Thevar Road, Nandanam Extension, Nandanam, Chennai 600 035.
3.The Secretary to Government, Dairying, Animal Husbandry, Fisheries Department, Government of Tamilnadu, Secretariat, Fort St. George, Chennai 600 009.
... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to Page No.4 of 12
grant the petitioners the revised time scale of pay of Rs.750/- from 28.05.1993 and Rs.2550-55-2660-60-3200 per month plus allowances with effect from 01.02.1996 and consequently pay all arrears of pay due to them upon such pay re-fixation as requested by the petitioners in their representation dated 14.07.2021 within a time frame. For Petitioners : Mr.K.M.Ramesh, Senior Counsel for Mr.V.Subramani For Respondents : Mr.P.Sathish, AGP for R1 & R2 Mr.T.Chezhiyan, AGP for R3
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents herein to grant the petitioners the revised time scale of pay of Rs.750/- from 28.05.1993 and Rs.2550-552660-60-3200 per month plus allowances with effect from 01.02.1996 and consequently pay all arrears of pay due to them upon such pay refixation as requested by the petitioners in their representation dated 14.07.2021 within a time frame.
2. Heard Mr.K.M.Ramesh, for Mr.V.Subramani, learned Senior Counsel for the petitioners, Mr.P.Sathish, learned Additional Government Page No.5 of 12
Pleader for the respondents 1 and 2 and Mr.T.Chezhiyan, learned Additional Government Pleader for the 3rd respondent.
3. The petitioners joined 1st Respondent Management between the years 1984 and 1991 and have been working as casual labourers since then. After several years, they were regularised as Junior Mazdoors in the year 2000, but were paid only basic pay of Rs.18/- plus allowances. In 2005, they were granted a time scale of pay and a senior mazdoor position. But many similarly placed workmen were granted similar pay as early as 1997. Aggrieved over that the petitioners are praying for a Writ of Mandamus directing the Respondents to grant revised time scales of Rs.750/- and Rs.2550-55-2660-60-3200 per month along with allowances from 01.02.1996, and pay all arrears of pay due to them within a time frame.
4. The case of these petitioners is similar to the dispute which arose in a Writ Petition in W.P.No.24797 of 2021 (K.Ganesan Vs. The Salem District Co-op.Milk Producers and others). In the said Writ Page No.6 of 12
Petition, this Court has passed the following order: "4. When a similarly placed person has filed Writ Petitions before this Court in W.P.Nos.1783 and 7760 of 2022 via order dated 03.01.2024, this Court has held as under:- "5. Again, the Salem District Co-op. Milk ProducersUnion Ltd., by its proceedings dated 18.08.2005, elevated 205 Junior Mazdoors as Senior Mazdoors and placed them in the time scale of pay of Rs.2550 - 55 - 2660 - 60 - 3200 with effect from 01.04.2005. However, the petitioners have not been given the status of Senior Mazdoors or their salary fixed in the time scale on par with their juniors. While being so, one A.Govindaraj and others filed a claim petition before this Court claiming the pay scale of Senior Mazdoor with effect from 01.02.1996 and the same was allowed. Aggrieved by the same, the Salem District Co-op.
Milk ProducersUnion Ltd, filed a writ petition before this Court and this Court dismissed the writ petition and it was also confirmed by the Hon'ble Division Bench of this Court in W.A.No.256 of 2011. Aggrieved by the same, the Salem District Co-op Milk Producers- Union Ltd, preferred a Special Leave Petitions before the Hon'ble Supreme Court of India in Special Leave Petitions (C) Nos. 36247 to 36261 of 2011. The Hon'ble Supreme Court of India by an order dated 24.09.2019 held as follows:- Page No.
" These Special Leave Petitions pertain to the entitlement of the respondents for minimum scale of pay of Rs.2,550/- to 3,200/- w.e.f.1996 and not 2005 from which date they have been given the benefit.
During the pendency of these Special Leave Petitions, the petitioner has deposited the amount payable to the respondents in accordance with the directions issued by the Labour Court and affirmed by the High Court.
In view of the peculiar facts of these cases, we are not inclined to interfere. However, the relief granted by the High Court is restricted only to the respondents. The Special Leave Petitions are, accordingly, disposed of. However, the question of law is kept on. Pending applications, if any, also stand disposed of."
Accordingly, they were paid monetary benefits by the first respondent in W.P.No.1783 of 2022 by its communication dated 15.06.2020 and 19.11.2020.
6. Therefore, the petitioners herein are also entitled for the time scale of pay of Rs.2550 - 55 - 2660 - 60 - 3200. In fact, the Hon'ble Supreme Court of India modified the order that they are entitled for minimum scale of pay of Rs.2550 - 55 - 2660 - 60 - 3200 with effect from 01.02.1996 and not from 2005.
7. Therefore, the first respondent is directed to grant the revised time scale of pay of Rs.2550 - 55 - 2660 - 60 - 3200 with effect from their respective dates Page No.8 of 12
and disburse the arrears of pay as per the revised time scale of pay, within a period of twelve weeks from the date of receipt of a copy of this order."
5. Since the above observation is applicable to the facts and relief sought in the present case also, I feel that this Writ Petition can also be disposed in similar lines.
6. In view of the above, this Writ Petition is allowed and the first respondent is directed to consider the petitioners 1 to 6 in their representation dated 13.09.2021 and 7th Petitioner's representation dated 05.09.2021 , in the light of the order passed by this Court dated 03.01.2024 in W.P.Nos.1783 and 7760 of 2022, within a period of twelve weeks from the date of receipt of a copy of this order. No costs."
5. The matter in issue is also similar to the earlier Writ Petition filed in W.P.No.24797 of 2021, in which the above order has been passed. Since the petitioners are also similarly placed, their cases would also have the similar line of appreciation involved in the above Writ Petition. Hence these petitioners are also entitled to the same relief as already granted to the other similarly placed persons in the earlier judicial orders.
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6. In view of the above, this Writ Petition is allowed and the first respondent is directed to consider the petitioners' representation dated 14.07.2021 in the light of the order passed by this Court in the above judicial pronouncements, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 14.02.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk Page No.10 of 12
To 1.The General Manager, The Salem District Co-operative Milk Producers' Union Limited, E.D.912, Sithanur, Thalavaipatti Post, Salem 636 302.
2.The Commissioner for Milk Production and Diary Development, 36-A, Pasumpon Muthuramalinga Thevar Road, Nandanam Extension, Nandanam, Chennai 600 035.
3.The Secretary to Government, Dairying, Animal Husbandry, Fisheries Department, Government of Tamilnadu, Secretariat, Fort St. George, Chennai 600 009.
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R.N.MANJULA , J.
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