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Madras High CourtWP/27002/2019disposed of

P.Selvarajan v. The Government Of Tamil Nadu

2023-12-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Selvarajan ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Chief Secretary Fort St. George, Chennai - 600 009.

2. The Secretary Labour Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

3. The Commissioner and Secretary Health Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

4. The Project Director TNHSP, 3rd Floor DMS Annex Building Teynampet, Chennai 600 009.

5. The State Head Officer GVK E.M.R.I., 108 Ambulance Service DMS Complex, Teynampet Chennai 600 018.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1, 2 and 3 to declare the Ambulance Service as an essential service under the Essential Services Maintenance Act, 1968.

[Prayer amended vide order dated 20.09.2019 in W.M.P.No.26949 of 2019 in W.P.No.27002 of 2019] For the Petitioner : Mr.M.Guruprasad For the Respondents : Mr.K.Karthik Jagannath Government Advocate for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Guruprasad, learned counsel for the petitioner and Mr.K.Karthik Jagannath, learned Government Advocate for respondents 1 to 4.

2. The present petition is filed seeking a direction against the respondents to declare the ambulance service as an essential service under Section 3 of the Tamil Nadu Essential Services Maintenance Act, 2002.

3. Learned counsel for the petitioner has referred to the strike undertaken by the ambulance workers during Diwali festival every year since 2014 till 2018.

4. Learned Government Advocate submits that the Project Director, Tamil Nadu Health Systems Project, has filed an affidavit to the effect that under G.O.Ms.No.157 dated 17.04.2018, ambulance service has been declared as public utility service, as defined under Section 2(n)(vi) of the Industrial Disputes Act, 1947.

5. The grievance of the petitioner is that the same ought to be declared under the Tamil Nadu Essential Services Maintenance Act, 2002.

6. The petitioner has approached the respondent authority. The respondent authority may consider the representation filed by the petitioner, as may be permissible under law.

7. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.20009 of 2020 and 28348 of 2021 are closed.

(S.V.G., CJ.) (D.B.C., J.) 06.12.2023 Index :

Yes/No :

Yes/No drm

To

1. The Chief Secretary The Government of Tamil Nadu Fort St. George, Chennai - 600 009.

2. The Secretary Labour Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

3. The Commissioner and Secretary Health Department Government of Tamil Nadu Fort St. George, Chennai 600 009.

4. The Project Director TNHSP, 3rd Floor DMS Annex Building Teynampet, Chennai 600 009.

5. The State Head Officer GVK E.M.R.I., 108 Ambulance Service DMS Complex, Teynampet Chennai 600 018.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 06.12.2023