Ramu v. The Principal Secretary To Govt

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) Ramu

...Petitioner

Vs.

1. The Principal Secretary to Government, Department of Labour & Employment, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai 600 009

2. The Commissioner of Labour & Employment, DMS Compound, Teynampet, Chennai 600 006

3. The Secretary, Tamil Nadu Construction Labour Welfare Board, Chennai 600 034

4. The Assistant Commissioner of Labour (Social Security Scheme), Alagar Kovil Main Road, Near to Passport Office, Pudur, Madurai.

5. The District Collector, Collectorate, Madurai.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to sanction Compensation of Rs.5,00,000/- as per G.O.(MS) No.91, dated 02.08.2018 issued by the first respondent as also Solatium to petitioner family, by considering petitioner's representation dated 01.02.2021, within the time as fixed by this Court. For Petitioner : Mr.K.K.Samy For Respondents : Mr.M.Munisamy, Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 01.02.2021, wherein the petitioner has sought for compensation for the death of her husband in line with G.O.Ms.No.91 Labour and Employment (l2) Department, dated 02.08.2018.

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2. The case of the petitioner is that her husband is a construction worker and while he was engaged in a work on 16.10.2019, he was electrocuted and he died. According to the petitioner, she is entitled for compensation as per G.O.Ms.No.91, Labour and Employment (l2) Department dated 02.08.2018. The petitioner made a representation in this regard to the respondents on 01.02.2021. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.K.K.Samy, learned counsel for the petitioner and Mr.M.Munisamy, learned Additional Government Pleader appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case, and without going into the merits of the claim made by the petitioner, there shall be a direction to the first respondent to consider the representation made by the petitioner on 01.02.2021 strictly in accordance with GO.Ms.No.91 Labour and Employment (l2) Department, dated 02.08.2018 and pass orders within a period of twelve (12) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with all the necessary documents and also a copy of this order.

5. This Writ petition is Disposed of with the above directions. No costs.

Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Principal Secretary to Government, Department of Labour & Employment, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai 600 009

2. The Commissioner of Labour & Employment, DMS Compound, Teynampet, Chennai 600 006 2/3

3. The Secretary, Tamil Nadu Construction Labour Welfare Board, Chennai 600 034

4. The Assistant Commissioner of Labour (Social Security Scheme), Alagar Kovil Main Road, Near to Passport Office, Pudur, Madurai.

5. The District Collector, Collectorate, Madurai.

+1 CC to M/s.K.K.SAMY, Advocate ( SR-15517[F] dated 08/04/2021 ) +1 CC to M/s.SPL GP ( SR-15597[F] dated 09/04/2021 ) 07.04.2021 SSS(CO) KB(26.04.2021) 3P 8C 3/3