A.Arokiam, v. Tamil Nadu Manual Workers Welfare Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25-11-2019
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.No.27225 of 2019 A.Arokiam .. Petitioner -vs1.Tamil Nadu Manual Workers Welfare Board, Represented by its Secretary, No.8, Valluvarkottam High Road, Nungambakkam, Chennai-600 34.
2.Commissioner of Labour, DMS Compound, Teynampet, Chennai-600 006.
3.Labour Officer (Social Security Scheme), Trichirapalli-21.
.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, after calling for the concerned records from the third respondent, quash the order of the third respondent bearing Na.Ka.No.108/2017 dated 08.02.2017 as illegal, arbitrary, contrary to law and consequently direct the respondents to pay the pension to the petitioner at the rate of Rs.1,000/- per month from September 2012 onwards as per Clause 18 (1) of the Tamil Nadu Manual Workers Social Security and Welfare Scheme, 2006.
For Petitioner : Mr.Balan Haridas For Respondents : Mr.J.Ramesh, Additional Government Pleader.
ORDER
The learned counsel appearing on behalf of the writ petitioner made a submission that the order impugned dated 08.02.2017 was passed by the third respondent stating that the 1/3
writ petitioner had submitted two ID Cards and the date of birth of the writ petitioner is also not correct.
2. The learned Additional Government Pleader appearing on behalf of the respondents also objected the contentions of the learned counsel for the writ petitioner, by stating that there are lot of discrepancies in providing particulars and therefore, the authorities are not in a position to consider the case of the writ petitioner for grant of pension under the Welfare Scheme. In this regard, the learned Additional Government Pleader submitted certain documents to show that different ID Cards and the two different Unions are submitted.
3. This Court is of the considered opinion that the authorities competent are bound to verify the genuinity of all the documents and thereafter grant the benefit as per the terms and conditions of the Scheme. The verification as well as the identification of the genuinity of documents are of paramount importance as the Scheme can never be passed or considered either by the authorities or by the claimants.
4. This being the factum, the learned counsel for the writ petitioner made a submission that the writ petitioner is an illiterate person and knowing certain discrepancies, he submitted a fresh application on 17.12.2012, enclosing all the available documents. The learned counsel for the writ petitioner states that the petitioner, being an illiterate person, is not aware of certain discrepancies. Therefore, the authorities competent is at liberty to verify all the documents and its genuinity and thereafter consider the case of the writ petitioner as per the terms and conditions of the Scheme.
5. In view of the abovesaid submissions of the learned counsel for the writ petitioner, the second respondent is directed to consider the application submitted by the writ petitioner on 17.12.2012 and pass orders on merits and in accordance with law, by verifying the genuinity of all these documents, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the Application Form dated 17.12.2012 and all other relevant documents, if any, along with the order passed in this writ petition, enabling the second respondent to complete the process in time.
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6. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn To 1.The Secretary, Tamil Nadu Manual Workers Welfare Board, No.8, Valluvarkottam High Road, Nungambakkam, Chennai-600 34.
2.Commissioner of Labour, DMS Compound, Teynampet, Chennai-600 006.
3.Labour Officer (Social Security Scheme), Trichirapalli-21.
+1cc to Mr.Balan Haridas, Advocate sr.98231 +1cc to Government Pleader SR.NO. 98942 W.P.No.27225 of 2019 sr(co) nr 02/01/2020 3/3