M.Murugesan v. The Director (Benefits)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.12.2018

CORAM

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P. No.29436 of 2018 M.Murugesan ... Petitioner versus 1.The Director [Benefits], The Regional Office, No.148, Sterling Road, Nungambakkam, Chennai - 600 034.

2.The Branch Officer, Nandambakkam, Chennai - 600 089.

3.M/s.Surya Impex, Rep.by its Proprietor, Chellappa, No.26/1, Arunachalam Nagar, Avadi, Sennerkuppam, Chennai - 600 056.

... Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 07.09.2018 to pay the compensation [benefit] to the petitioner and his family members under the ESI Act due to death of the petitioner's son Seetharaman.

For Petitioner : Mr.A.Ilaya Perumal For Respondent Nos.1 & 2 : Mr.G.Bharadwaj Standing Counsel for ESI For Respondent No.3 : No Appearance

O R D E R

The petitioner has come to this Court seeking a direction to the second respondent to consider his representation dated 07.09.2018, for granting compensation [benefits] to him and his family members under the ESI Act, due to death of his son, namely, Seetharaman.

2. According to the petitioner, he made a representation to the first respondent on 09.10.2014 and he received a reply from the first respondent on 16.10.2014 stating that his representation will be considered. Again, the petitioner made another representation on 07.09.2018 to the respondents for granting compensation to him and his family members under the ESI Act due to the death of his son. Since the said representation has not been disposed of, the petitioner is before this Court.

3. Heard Mr.A.Ilaya Perumal, learned counsel appearing for the petitioner and Mr.G.Bharadwaj, learned Standing Counsel appearing for the respondents 1 and 2, who sought reasonable time to consider the representation made by the petitioner.

4. Considering the limited relief sought for by the petitioner, this Court directs the first respondent to consider the representation of the petitioner dated 07.09.2018 and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible, within a period of eight weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sri To 1.The Director [Benefits], The Regional Office, No.148, Sterling Road, Nungambakkam, Chennai - 600 034.

2.The Branch Officer, Nandambakkam, Chennai - 600 089.

+1 cc to Mr.A.Ilayaperumal, Advocate Sr.No.86966 +1 cc to Mr.G.Bharadwaj, Advocate Sr.No.86990 W.P. No.29436 of 2018 CSL/18.12.2018