The District Anna Panchalai v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.07.2016 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.Nos.27362 and 21868 of 2007 and W.P.Nos.12996 to 12998 of 2004 W.P.No.*27362 of 2007:
1.THE DISTRICT ANNA PANCHALAI THOZHILALAR SANGAM, (REGD NO.14/ANNA) REP. BY ITS DISTRICT SECRETARY, *MR.V.JAYARAMAN HAVING OFFICE AT 4D, SCHEME ROAD, DINDIGUL-1 2.THE STATE PANCHALAI ANNA THOZHILALAR SANGAM, (REGD NO.2935/77) REP. BY ITS SECRETARY THIRU V.K.DHANAGOPALAN AVVAI SHAMUGAM SALAI, CHENNAI 600 014.
... PETITIONERS 1.KOVAI ERODE MAVATTA DRAVIDA PANCHALAI THOZHILALAR MATRUM NIRVAGA OOZHIYARZAL MUNNETRA SANGAM (LPF) 53/07 PRIYA COMPLEX COIMBATORE REP BY ITS G.
SECRETARY MR.S.PARTHASARATHY MR.RAMASUBBU ...PETITIONER IN W.P.NO.21868/2007 ...PETITIONER IN W.P.NO.21996&, 21998/2007
VERSUS
1.THE STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY FORT ST.GEORGE, CHENNAI 600 009. ...R1 IN W.P.NO.12996/2004 TO 12998/2004
2.THE SECRETARY TO STATE OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST.GEORGE, CHENNAI 600 009.
3.THE CHIEF INSPECTOR OF FACTORIES O/O.THE CHIEF INSPECTOR OF FACTORIES CHENNAI 600 005. ...R2 & R3 IN W.P.NO.12996 OF 2004 & 12998/2004 4.THE COMMISSIONER OF LABOUR, O/O.THE COMMISSIONER OF LABOUR, DMS COMPOUND, TEYNAMPET, ANNA SALAI, CHENNAI 600 006.
5.THE TAMIL NADU SPINNING MILLS ASSOCIATION BY ITS CHIEF ADVISOR K.VENKATACHALAM 24, 11TH CROSS STREET, THIRUVALLUVAR NAGAR, SPENCER TOWN, DINDIGUL DISTRICT.
(R.5 IMPLEADED AS PER SUO MOTU ORDER DATED 3.10.2007 BY CJ AND PJMJ IN WP.NO.27362 OF 2007 6.SRI SHANMUGAVEL MILLS (P) LTD.
7.SIVARAJ SPINNING MILLS (P) LTD 8.SUDHAN SPINNING MILLS (P) LTD 9.SRI VELAYUDHA SWAMY SPINNING MILLS (P) LTD., 10.PRABHU SPINNING MILLS (P) LTD., 11.ADISANKARA SPINNING MILLS (P) LTD.
12. SRI MATHA SPINNING MILLS (P) LTD.
13.VEDHA SPINNING MILLS (P) LTD.
14.PRABHU SPINNING MILLS (P) LTD.
15.VISHNU FABRICS (R.6 TO R.15 IMPLEADED AS PER ORDER DATED 24.1.2008 BY PKMJ AND KCJ IN M.P.NO.1 OF 2008 IN W.P.NO.27362 OF 2007. 16.KPR MILL LTD., 17.SRI SARAVANA SPINNING MILLS (P) LTD.
18.SHIVA TEXYARN LIMITED 19.BANNARI AMMAN SPINNING MILLS (P) LTD.
20.KLRF TEXTILES 21.PREMIER MILLS (P) LTD., (R.16 TO 21 IMPLEADED AS PER ORDER DATED 26.2.2008 IN M.P.NO.2 TO 6 OF 2008 IN WP.NO.27362 OF 2007 22.STATE TEXTILE WORKERS' FEDERATION NO.27, MOSQUE STREET,
CHEPAUK, CHENNAI 600 005.
23.GTN ENTERPRISES LTD., BY ITS MANAGER - HR INDIRA NAGAR, THUNGAVI (P.O) UDUMALPET 642 203, COIMBATORE DISTRICT.
24.GHCL LTD, BY ITS SENIOR GENERAL MANAGER SAMYANALLUR POST, PARAVAI, MADURAI.
25.PATSPIN INDIA LIMITED REP. BY ITS SENIOR MANAGER- HR 2/85-B, PONNERI, KOTTAMANGALAM (PO) UDUMALPET 642 201.
(R.22 TO R.25 IMPLEADED AS PER ORDER DATED 04.03.2008 IN M.P.NO.7 TO 10 OF 2008 IN W.P.NO.27362/2007 26.SUNDARAM TEXTILES LTD., NAMBINAGAR, NANGUNERI TIRUNELVELI.
27.DATTARAYA TEXTILES PVT LTD., (R.26 TO R.27 IMPLEADED AS PER ORDER DATED 9.4.2008 IN MP.NOS 11 AND 12 OF 2008 IN WP.NO.27362 OF 2007 28.SOUTHERN INDIA MILLS ASSOCIATION SHANMUGAR MANDRAM 41, RACE COURSE ROAD, COIMBATORE.
29.SOUTH INDIA SMALL SPINNERS ASSOCIATION CHAMBER TOWERS, 8/732 AVINASHI ROAD, COIMBATORE 641 018.
30.MADURI SPINNERS ASSOCIATION MEENAKSHI ILLAM, 21, VINAYAKA NAGAR K.K.NAGAR, MADURAI 31.INDIAN SPINNING MILLS OWNERS ASSOCIATION, AVINASHI ROAD, COIMBATORE.
(R.28 TO 31 IMPLEADED AS PER ORDER DATED 30.4.2008 .. RESPONDENTS 1 GOVT OF TAMILNADU REP BY ITS CHIEF SECRETARY FORT ST.GEORGE CHENNAI 9.
2 SECRETARY TO GOVT OF TAMILNADU LABOUR AND EMPLOYMENT DEPT. FORT ST.GEORGE CHENNAI 9.
3 CHIEF INSPECTOR OF FACTORES OFFICER OF THE CHIEF INSPECTOR OF FACTOREIS CHENNAI 5.
4 COMMISSIONER OF LABOUR OFFICE OF THE COMMISSIONER OF LABOUR DMS COMPOUND TEYNMAPET ANNA SALAI CHENNAI 6.
5 THE DISTRICT COLLECTOR COIMBATORE AND DT.
6 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR PERUNDURAI ROAD ERODE DT.
7 DEPUTY CHIEF INSPECTOR OF FACTORIES COIMBATORE THALAIVASAL COMPLEX CROSS CUT ROAD COIMBATORE-12.
8 DEPUTY CHIEF INSPECTOR OF FACTORIES ERODE HOUSING BOARD FOUR ROADS SURAMPATTY PO. ERODE.
9 THE DEPUTY COMMISSIONER OF LABOUR LABOUR OFFICE COMPLEX DR.
BALASUNDARAM ROAD COIMBATORE-41018.
10 THE DEPUTY COMMISSIONER OF LABOUR 85 SANKAR NAGAR SALEM-07.
11 THE REVENUE DIVISIONAL OFFICER COIMBATORE OFFICE OF THE RDO STATE BANK ROAD COIMBATORE-641 018.
12 THE REVENUE DIVISIONAL OFFICER BROUGH ROAD OFFICE OF THE RDO ERODE. ...RESPONDENTS IN W.P.NO.21868 OF 2007 4 THE COMMISSIONER REGIONAL PROVIDENT FUND OFFICE ROYAPETTAH CHENNAI-14
5 EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS REGIONAL DIRECTOR STERLING ROAD CHENNAI-034 ...R4 & R5 IN W.P.NO.12996/2004 TO 12998/2004 Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Declaration, declaring the G.O. (Per).No.137 dated 22.06.2007 issued by the Government of Tamilnadu (Labour and Employment Department) as ultra vires, unconstitutional and abuse of powers vested with the Government and further direct the respondent to abolish the camp coolie system in the Textile Mills throughout Tamil Nadu by initiating penal action under the relevant labour enactments against the textile mills which have been engaging the female workers under the said system in consequence thereof the respondents have to take appropriate steps to confer permanent status to the camp coolies employed in the Textile Mills and extend all attendant benefits provided under the Labour enactment on them in so far as the petitioners concerned.
Prayer in W.P.No.21868 of 2007:
For the reasons stated above it is respectfully prayed that this Hon'ble Court may be pleased to issue writ or order or direction more in the nature of writ of declaration declaring the G.O. (per) No.62 dt 30.3.07 issued by the Government of Tamilnadu (Labour and Employment Dept. ) as ultra vires of Art. 14 21 and 23 of constitution of India and further direct the I respondent to abolish the "Camp Coolie system" in the textile mills of Erode, Coimbatore, Salem, Dindigul and other backward districts of Tamilnadu and take appropriate steps to protect the interests of camp coolies emplyed in the Textile Mills and thus render justice.
Prayer in W.P.No.12996 of 2007:
Directing the Government of TamilNadu to creat a Specialised Inspectorate and Enforcement Machinery to oversee the implementation of the provisions of the Factor's Act, Industrial Emplyment(Standing Orders) Act, Provident Fund and Miscellaneous Provisions Act, Employees State Insurance Act, Tamilnadu Industrial (Establishment Conferment of Permanent Status to Workmen) Act etc to the Textile Mills in Tamilnadu as a Special Enforcement drive.
Prayer in W.P.No.12997 of 2004:
Directing the first respondent to amend the definition of the term "Apprentice" under the Model Standing Orders framed under the Tamil Nadu Industrial Employment (Standing Orders) Rules 1947 restricting the period of training or learning of the apprentice to six months in respect of any employment in textile industry.
Prayer in W.P.No.12998 of 2004:
Directing the first respondent to iclude the textile industry to Schedule to the Minimum Wages Act 1948 and to fix minimum rates of wages in respect of the emplyment in the Textile industry by adopting the procedure contemplated under Sec.5(1)(b) of the Act, in a time bound manner and place the same before this Honourable Court as a Notification issued under the act and also to constitute a machinery for strict enforcement of the same so that the expited workmen of the textile industry are atleast assured of the minimum wages fixed by the Government. For Petitioners : Mr.G.Anandakumar For Petitioner in W.P.No.21868/2007 :M/S.K.V.Shanmuganathan For Petitioner in W.P.12996 to 12998/2004:Mr.V.Prakash Senior Counsel Mr.K.Ramkumar For Respondents :Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.Shanmugadundar AGP for R.1 to R.4 Mr.R.S.Pandiyaraj for R.5, 26 and 27.
Mr.Sanjay Mohan for S.Ramasubramanian and Associates for R.6 to R.15, 17 Mr.R.Parthiban for R.16, 20, 21, 29, 23 to 25, Mr.S.Kadarkarai for R.18 and R.19 Mr.K.Elango for R.22 Mr.Anand Gopalan for T.S.Gopalan for R.28.
Ms.R.Vaigai appointed as Amicus Curiae
For Respondent in W.P.No.21868 : Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.Shanmugasundar AGP for R.1 to R.12 For Respondents in W.P.No.12996 to 12998/2004 : Mr.S.T.S.Murthi assisted by Mr.V.Shanmugasundar AGP for R1 to R3 : Ms.V.Mohana Priya for R4 Mr.S.Jayakumar for R5
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) We are informed that the Industrial Employment (Standing Orders) Tamil Nadu Amendment Act, 2008, which had been forwarded to the President of India, was received with certain comments by the State Government and this process has gone on till now the notification has been issued in the gazette published on 04.07.2016, assent of President of India obtained on 26.02.2016. It is submitted that the rules pursuant thereto would have to be now formulated by the State Government, for which we grant three months time.
2. It has also been pointed out to us that as per the summary of representations filed by the District Monitoring Committees, the conclusions and recommendations emerge: ''Conclusions and Recommendations:
• Camp Coolie system in the name of Sumangali Scheme should be abolished and women must be given regular wages.
• Employment of adolescents should be stopped and stringent action should be taken against the Mill Managements that employ girls below the age of 18 years.
• Minimum wages should be fixed not less than Rs.150/- per day as per Coimbatore Report.
• Guidelines framed by the High Court for the employment of women in night shifts must be adhered to.
• Number of Apprentices cannot be more than 20% of total workforce.
• Scheme workers should be absorbed at the end of scheme period.
• Reduce Apprenticeship to one year.
• Freedom of movement and collective bargaining should be ensured.''
•
3. The learned counsel appearing for the Association submits that there are certain standing orders governing the issue, which can be in conflict with the aforesaid conclusions and recommendations, though learned counsel appearing in other matters appear not to have any grievance against these conclusions and recommendations.
4. We direct the State Government to analyse the conclusions and recommendations and to consider as to what extent they would implement the recommendations, for which also we grant three months' time.
5. Learned counsel appearing for the Mills and Associations seek to contend that the Apprenticeship / Sumangali Scheme had practically been given up, especially in view of minimum wages being provided for, and hardly a few Mills were operating initially out of 1803 Mills, which were inspected at the time when the petitions were filed.
6. The learned counsel appearing for the respondent in W.P.No.27362 of 2007 states that he has instructions that the scheme is not prevalent qua the said respondent. It is thus submitted that unless there are specific allegations, there is no further need to really look into the aspect. However, learned Senior Counsel appearing for the petitioner in W.P.No.12996 of 2004 urges to the contrary and as an example has given the name of ''Sri Munipachaiyappan Textiles Pvt. Ltd, Ippedu Village, Arakkonam Taluk, Vellore District.'' He submits that an inspection can be carried out without notice tomorrow itself, so that the facts would come to light.
7. Learned Government Pleader assures that an inspection will be carried out tomorrow itself by the Deputy Commissioner of Labour, Corporation Old Building, Near Raja Theatre, Gandhi Road, Vellore along with the Joint Director of Industrial Safety and Health Department, 73, Phase I, Sathuvachary, Vellore -9 and the report will be submitted.
8. It is agreed that no further directions are required except that compliance of the aforesaid directions must take place.
9. The writ petitions stand accordingly disposed of, leaving the parties to bear their own costs. Consequently, connected
miscellaneous petitions are closed.
List for compliance on 04.11.2016.
Compliance report be filed at least three days prior to the next date of hearing with advance copy to the learned counsel for the parties.
Sd/- Assistant Registrar(CS VII) Dated:21/09/2016 *Corrected as per letter dated 31/08/2016 in W.P.No.27362/2016 Sd/- Assistant Registrar(CS VII) Dated:01/08/2016 //True Copy// Sub Assistant Registrar ksr To 1 GOVT OF TAMILNADU REP BY ITS CHIEF SECRETARY FORT ST.GEORGE CHENNAI 9. To be substituted 2 SECRETARY TO GOVT OF order already TAMILNADU LABOUR AND EMPLOYMENT DEPT. FORT despatched on ST.GEORGE CHENNAI 9. 22/07/2016 3 CHIEF INSPECTOR OF FACTORES OFFICER OF THE CHIEF INSPECTOR OF FACTOREIS CHENNAI 5.
4 COMMISSIONER OF LABOUR OFFICE OF THE COMMISSIONER OF LABOUR DMS COMPOUND TEYNMAPET ANNA SALAI CHENNAI 6.
5 THE DISTRICT COLLECTOR COIMBATORE AND DT.
6 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR PERUNDURAI ROAD ERODE DT.
7 DEPUTY CHIEF INSPECTOR OF FACTORIES COIMBATORE THALAIVASAL COMPLEX CROSS CUT ROAD COIMBATORE-12.
8 DEPUTY CHIEF INSPECTOR OF FACTORIES ERODE HOUSING BOARD FOUR ROADS SURAMPATTY PO. ERODE.
9 THE DEPUTY COMMISSIONER OF LABOUR LABOUR OFFICE COMPLEX DR.
BALASUNDARAM ROAD COIMBATORE-41018.
10 THE DEPUTY COMMISSIONER OF LABOUR 85 SANKAR NAGAR SALEM-07.
11 THE REVENUE DIVISIONAL OFFICER COIMBATORE OFFICE OF THE RDO STATE BANK ROAD COIMBATORE-641 018.
12 THE REVENUE DIVISIONAL OFFICER BROUGH ROAD OFFICE OF THE RDO ERODE.
13 THE COMMISSIONER REGIONAL PROVIDENT FUND OFFICE ROYAPETTAH CHENNAI-14 14 EMPLOYEES STATE INSURANCE CORPORATION REP BY ITS REGIONAL DIRECTOR STERLING ROAD CHENNAI-034 +1cc to Mr.G.Ananakumar, Advocate Sr.41775 +1cc to Mr.T.S.Gopalan & Co, Advocate Sr.40800 +2cc to M/S.R.Ramasubramaniam, Advocate Sr.41182,41181 +1cc to M/S.R.Vaigai, Advocate Sr.41341 W.P.Nos.27362 and 21868 of 2007 and 12996 to 12998 of 2004 ssl[co] srg 17/08/2016 srg 21/09/2016