Madras High CourtWP/43266/2025disposed of

R.Solomon v. The Deputy Commissioner Of Labour

2025-11-13Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA AND WP NO. 43267 OF 2025 R.Solomon S/o . Rajamanickam, 121/85, Ambedkar Nagar 2nd Street, Ayanavaram, Chennai - 600 023.

Petitioner(s) Vs

1. The Deputy Commissioner of Labour, Teynampet, (Authority under The Payment of Subsistence Allowance Act) D.M.S. campus, Chennai 600 018.

2.The Management, Y.M.C.A of Madras, No. 1086, Poonamalle High Court, Respondent(s) WP No. 43267 of 2025 N.Annamalai S/o. Narayanan, No. 15, Apparao Garden 1st Street, Shenoy Nagar, Chennai-600 030.

Petitioner(s) Vs

1. The Deputy Commissioner of Labour Teynampet, (Authority under the Payment of Subsistence Allowance Act) DMS Campus, Chennai 600 018.

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2.The Management, Y.M.C.A of Madras, No.1086, Poonamalle High Court, Respondent(s) PRAYER in WP No. 43266 of 2025:

Writ petition is filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, to direct the 1st respondent authority to complete the enquiry and pass final order on the petition in PSA No. 2/ 2025 within a stipulated time limit.

PRAYER in WP No. 43267 of 2025:

For Petitioner(s):

in both cases Mr.S.Parthasarathi Mr.A.N.Purushotham, Special Government Pleader for R1 For Respondent(s):

in both cases COMMON ORDER Writ petition is filed for Writ of Mandamus, directing the 1st respondent to complete the enquiry and pass final order on the petition in PSA Nos.1 of 2025 and 2 of 2025, within the stipulated time.

2. As identical issues are raised in both the writ petitions, the same is disposed of by this common order.

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3. The petitioners are Treasurer and Secretary of the trade union, recognised by the 2nd respondent. While so, the 2nd respondent Management issued charge sheet to the office bearers including the petitioners. Based on the charge memo, the 2nd respondent Management ordered for domestic enquiry. Pending enquiry, the 2nd respondent management suspended the petitioners on 10.12.2024. Since the respondent management did not pay the subsistence allowance, the petitioners filed petition for payment of subsistence allowance on 28.04.2025, in PSA Nos.1 of 2025 and 2 of 2025. Though the petition was filed as early as in April 2025, despite the lapse of 6 months, the 1st respondent did not pass any orders. The petitioners state that they were suffering very much for their daily needs, due to non payment of subsistence allowance and were therefore constrained to file above writ petition.

4. Mr.A.N.Purushotham, learned Special Government Pleader takes notice for the 1st respondent.

5. Considering the limited relief sought for in the writ petition, notice to the 2nd respondent is dispensed with.

6. Admittedly, the petitioners petition for payment of subsistence 3/6

allowance is pending before the 1st respondent. The petitioner's state that they are suffering even for their daily expenses, since the management has failed to pay the subsistence allowance.

7. Under the facts and circumstances of the case, the 1st respondent is directed to complete the enquiry in the petitioner's petition in PSA Nos.1 of 2025 and 2 of 2025, and pass final orders on merits and in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order.

8. It is needless to state that, the 1st respondent shall give an opportunity of hearing to both the petitioner and the 2nd respondent in the enquiry. Writ petition is accordingly disposed of. No costs. dsn 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To 1.The Deputy Commissioner of Labour Teynampet, (Authority under the Payment of Subsistence Allowance Act) D.M.S. campus, Chennai 600 018.

2.The Management Y.M.C.A. of Madras, No. 1086, Poonamalle High Court, 5/6

N.MALA J.

dsn WP Nos. 43266 and 43267 of 2025 13-11-2025 6/6