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Madras High CourtWP/20208/2024disposed of

K.Baskar v. The Managing Director

2024-07-23Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. K.Baskar

2. S.Backiaraj

3. S.Gounavarman

4. K.Rajasekaran

5. R.Sugumaran

6. G.Mariappan

7. P.Kamaradje

8. S.Mathavan

9. K.Saravanan

10. S.Manikandaprabu

11. M.Raman

12. K.Vijayan

13. M.Kathiravan

14. K.Saravanan

15. S.Kumaravel

16. P.Prabhakaran

17. J.Sankar

18. T.Velmurugan

...Petitioners

-Vs1. The Managing Director, Agro house, Thattanchavadi,

2. The Manager (Civil), Karaikal Branch.

3. The Secretary to Government - (Finance), Finance Department, Government of Puducherry, Chief Secretariat, Puducherry - 605 001.

4. The Secretary to Government, Labour Department, Government of Puducherry, Chief Secretariat, Puducherry - 605 001.

5. The Labour Commissioner, 2nd Floor, Labour Complex, Gandhi Nagar,

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider our individual representation dated 11.12.2023 given in respect of payment of salary arrears accumulating to 142 months and release the same to the petitioners by passing orders thereon forthwith in accordance with the law.

For Petitioners : Mr.R.Natarajan For Respondents : Mr.V.Vasantha Kumar Additional Government Pleader (P)

ORDER

This Writ Petition has been filed for direction directing the first respondent to consider our individual representation dated 11.12.2023 given in respect of payment of salary arrears accumulating to 142 months and release the same to the petitioners by passing orders thereon forthwith in accordance with the law.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioners are the employees of the respondents 1 and 2. However, the first respondent was in the habit of paying salary to the petitioners in an irregular manner. Further, the first respondent used not to pay salary to the petitioners for months together. Therefore, the petitioners submitted representations seeking arrears of salary accumulated for over 142 months.

4. The learned Additional Government Pleader (Puducherry) appearing for the respondents submitted that already the first respondent is under liquidation and the Government is yet to appoint a liquidator.

5. However, the respondents did not deny the fact that the petitioners are entitled for arrears of salary.

6. In view of the above, the respondents 1 and 2 are directed to consider the representations submitted by the petitioners and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

23.07.2024 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Managing Director, Agro house, Thattanchavadi,

2. The Manager (Civil), Karaikal Branch.

3. The Secretary to Government - (Finance), Finance Department, Government of Puducherry, Chief Secretariat, Puducherry - 605 001.

4. The Secretary to Government, Labour Department, Government of Puducherry, Chief Secretariat, Puducherry - 605 001.

5. The Labour Commissioner, 2nd Floor, Labour Complex, Gandhi Nagar,

G.K.ILANTHIRAIYAN. J, mn 23.07.2024