P.Kumar v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :
Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.25628 of 2023 and W.M.P.No.25029 of 2023
1. P.Kumar
2. B.Gopal
3. K.Amutha
4. M.Vijayakumar
5. T.Mahali
6. R.Murugan
7. N.Poovathal
8. S.Aarayi
9. P.Selvi 10.K.Rathna 11.R.Kannappan 12.P.Sathish 13.M.Suresh 14.M.Suruliraj 15.L.Suresh 16.A.Chinnapalanisamy 17.R.Sakthivel 18.V.Guruprakash
19.R.Velumani 20.R.Vinothkumar 21.C.Bhuvaneshwaran 22.S.Saravanan 23.K.Kumaresan 24.R.Duraiappan 25.A.Rosy 26.P.Sagunthala 27.P.Subramanian 28.M.Palanisamy 29.T.Bannari 30.M.Pavithra 31.S.Pappathi 32.C.Kumar 33.M.Ragunathan 34.A.Rohini 35.M.Jeeva 36.K.Mani ..... Petitioners -Versus1.The Chief Engineer, Water Resource Department, Chepauk, Chennai-5.
2.The Commissioner of Labour, Labour Department, Commissioner of Labour, Teynampet, Chennai 600 006.
3.The Executive Engineer, Water Resources Department, Bhavani Sagar Dam Division, Bhavani Sagar-638 451.
..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to grant paid leave to the petitioners on Saturday, Sunday of every week and on National Holidays and Festivals by following the Government Order in G.O.No.788, Department of Public Works, dated 24.04.1991 and grant all the consequential benefits by considering the representation of the petitioner dated 10.02.2023. For Petitioner : Mr.N.S.Elamugilan For Respondent (s) : Mr.M.Alagu Goutham, Government Advocate for RR1 to 3
ORDER
This writ petition has been filed seeking a writ in the nature of mandamus directing the respondents to consider the representation of the petitioner dated 10.02.2023 requesting for the grant of paid leave to the petitioners on Saturday, Sunday of every week and on National Holidays and Festival Holidays by following the Government Order in G.O.No.788, Department of Public Works, dated 24.04.1991 and grant all the consequential benefits
2. It is the case of the petitioners that they are working as Nominal Muster (NMRs) Employees for more than 10 years in various cadres at Bhavani Sagar Dam. They have been denied paid leave by the respondents and as such they are forced to work on every Saturday and Sundays and on other National and Festival Holidays. If they go on leave on any Saturday or Sunday or National or Festival Holidays, they would not be paid salary for the day/days. They fall under the category of employees specified under G.O.(Ms.) No.788, Public Works Department, dated 24.04.1991 which clearly specified that daily wagers, NMRs who work in Dam areas shall work for 5 days in a week for 45 hours and they are entitled for paid leave for two days (on Saturday and Sunday). The grievance of the petitioners is that the representation sent by them in this regard did not evoke any response. Hence, this writ petition.
3. Heard both sides.
4. The learned Special Government Pleader submitted that the 3rd respondent is the employer of the petitioners.
5. On a perusal of the representation found in page 53 of the typed set of papers, it is seen that it was addressed to the Principal Secretary to Government, Department of Water Resources and not to the 3rd respondent, who is the employer and competent to take a decision in the matter.
6. In the light of the above position, the petitioners are directed to submit a fresh representation to the 3rd respondent requesting for the grant of paid leave within a period of 10 days from the date of receipt of a copy of this order and on receipt of such representation from the petitioners, the 3rd respondent shall consider the same on its own merits and pass appropriate orders in accordance with law within a period of two months thereafter. This writ petition is disposed of accordingly with the above directions. No costs. Consequently, connected WMP is closed. Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Chief Engineer, Water Resource Department, Chepauk, Chennai-5.
2.The Commissioner of Labour, Labour Department, Commissioner of Labour, Teynampet, Chennai 600 006.
3.The Executive Engineer, Water Resources Department, Bhavani Sagar Dam Division, Bhavani Sagar-638 451.
N.SATHISH KUMAR.J., kmk