Tamil Nadu Anaithu Kattida v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and M.P.No.2 of 2014 Tamil Nadu Anaithu Kattida Thozhilalar Sangangalin Koottamaippu, (Affiliated with Hind Mazdoor Sabha (HMS), (Regn.No.165/KPM), Rep. by its General Secretary Mr.K.V.Thirupathi, 14/68, Kalaignar Nagar, 3rd Street, Thirumullaivoyal, Chennai - 600 062.

...Petitioner

Vs 1.The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Labour & Employment Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Labour, Labour Welfare Board Building, DMS Compound, Chennai - 600 006.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to G.O.(Ms) No.21, Labour & Employment (I2) Department, dated 19.02.2014 from the files of the 1st respondent and to quash the same and 1/4

consequently direct the 1st respondent to issue a fresh order including representatives from the petitioner herein as well as from other major trade unions representing the construction workers in the Tamil Nadu Construction Workers Welfare Board.

For Petitioner : Mr.K.M.Ramesh For Respondents : Mr.G.Velu, Additional Government Pleader

ORDER

Heard Mr.K.M.Ramesh, learned counsel appearing for the petitioner and Mr.G.Velu, learned Additional Government Pleader for the respondents.

2. The petitioner is aggrieved against the non-nomination of members of their Union as members of the Tamil Nadu Construction Workers Welfare Board.

3. Rule 19 of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Rules, 1986, prescribes that the term of office shall be for a period of 2 years commencing from the date on which the appointment is made.

2/4

4. In the instant case, the members of the Board were nominated on 19.02.2014. Apparently, the term of office of the members of the Board have expired. Thus, no effective orders can be passed in the Writ Petition. Accordingly, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.

19.10.2022 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Principal Secretary to Government, Government of Tamil Nadu, Labour & Employment Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Labour, Labour Welfare Board Building, DMS Compound, Chennai - 600 006.

3/4

M.S.RAMESH,J.

hvk 19.10.2022 4/4