Aravind Eye Hospitals v. Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 26.08.2025 Pronounced on: 04.11.2025

CORAM:

THE HON'BLE Mr.JUSTICE P.DHANABAL W.P.No.20286 of 2023 & W.M.P.No.19632 of 2023 Aravind Eye Hospitals 64, Sangagiri Main Road, Nethimedu, Salem - 636 002 ... Petitioner Vs.

1. Joint Commissioner of Labour (Authority under the Minimum Wages Act) 1st Floor, Near Employment Office, Gorimedu, Salem - 8

2. The Assistant Inspector of Labour 4th Circle, Salem

3. State of Tamilnadu rep. by the Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009 [3rd respondent impleaded vide order dated 11.08.2023 made in W.M.P.No.23471 of 2023 in W.P.No.20286 of 2023 in MDIJ] ... Respondents Prayer:

Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari, calling for the records of the 1st respondent in M.W.No.33 of 2022 and quash its order dated 08.02.2023 1/5

For Petitioner : Mr.Anand Gopalan for M/s T.S.Gopalan and Co., Mr.G.Anandakrishnan Mr.S.Haroon AI Rasheed For Respondents : Mr.S.Yashwanth Additional Government Pleader

O R D E R

This petition has been filed challenging the order passed by the 1st respondent in M.W.No.33 of 2022 dated 08.02.2023 and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the documents placed on record.

3. The 2nd respondent filed a Petition before the 1st respondent in M.W.No.33 of 2022 for a direction to direct the Writ Petitioner herein to pay a sum of Rs.23,62,918/- for the payment of the above difference of wages between the minimum rates of wages fixed by the Government Order G.O.(2D) No.24 dated 02.03.2018 and the wages actually paid and penalty, while so during the pendency of the Main Petition, the petitioner has filed an application dated 29.11.2022 before the 1st respondent stating that while pendency of the main petition filed by the 2nd respondent before the 1st respondent, who is the authority under the Minimum wages Act, the Writ Petitioner filed W.P.(MD) No.333 of 2020 2/5

and this Court directed the Government to appoint Review Committee to review the minimum wages fixed in the G.O.(2D) No.24, Labour and Employment (J1) Department dated 02.03.2018 and therefore, till the decision arrived at by the review committee, the said application was directed to be adjourned without hearing, but that application was dismissed by the 1st respondent, therefore, this Writ Petition has been filed.

4. During the pendency of the present Writ Petition, the Government based on the recommendations of the Review Committee in supersession of the earlier G.O.(2D) No.24, Labour and Employment (J1) Department dated 02.03.2018, has passed a new G.O.(2D) No.21 dated 26.05.2025.

Since the subsequent G.O.No.2D dated 26.05.2025 was passed in supersession of earlier Government Order dated 02.03.2018 after filing of the present Writ Petition and the order was passed on 08.02.2023 and now after two years nothing survives for further adjudication and this Petition has become infrutuous and this petition is closed. Consequently, connected miscellaneous petition is also closed. No costs.

04.11.2025 Index:Yes/No;Internet:Yes/No Speaking / Nonspeaking order ssd 3/5

To

1. Joint Commissioner of Labour (Authority under the Minimum Wages Act) 1st Floor, Near Employment Office, Gorimedu, Salem - 8

2. The Assistant Inspector of Labour 4th Circle, Salem

3. State of Tamilnadu rep. by the Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009 4/5

P.DHANABAL, J.

ssd Pre-delivery Order in 04.11.2025 5/5