Thozalar, K.T.K. Thangamani v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2017
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.7259 of 2015 THOZALAR K.T.K. THANGAMANI NINAIVU MADURAI MAVATTA AMAIPPUSARA THOZHILALARR SANGAM REP. BY ITS GENERAL SECRETARY M.NANTHA SINGH, M/54 YEARS, S/O.MADHAN SINGH, NO.146, PUTTUTHOPPU ROAD, R.M.COMPLEX, MADURAI-16 ... Petitioner -vs1.
THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI.
2.
THE DEPUTY COMMISSIONER OF LABOUR, VISWANATHAPURAM, MADURAI-625 016.
3.
THE COMMISSIONER MADURAI CORPORATION, MADURAI.
4.
M/S.QUALITY SERVICES SOCIETY, 12C, THIRUVAPPUDAIYAR KOVIL, SANNATI STREET, SELLUR, MADURAI-2.
5.
M/S. INTEGRATED SERVICE CENTRE, NO.1, BALANAGAMMAL KOVIL STREET, BYKARA, MADURAI-625 004.
... Respondents (R4 & R5 IMPLEADED VIDE ORDER DT.24/07/2015 IN MP(MD)1/15) Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to revise the wages of the contract drivers of the 3rd respondent by considering the representation of the petitioner dated 23.02.2015.
For Petitioner : Mr.V.Angusamy For R1 & R2 : Mr.M.Rajarajan Govt. Advocate
For R3 : Mr.R.Prabhu For R4 & R5 : Mr.S.Karthick *****
O R D E R
This petition has been filed, seeking to direct the respondents 1 to 3 to revise the wages of the contract drivers of the 3rd respondent by considering the representation of the petitioner dated 23.02.2015.
2. The case of the petitioner is that the contract drivers, who are all members of Thozalar K.T.K.Thangamani Ninaivu Madurai Mavatta Amaippusara Thozhilalarr Sangam, have been working in the Madurai City Corporation for collecting wastages from various places through lorries; that they have been paid Rs.220/- per day and their monthly income would be around Rs.6,600/- per month; that as per G.O.(2D) No.91, Labour and Employment (j1) dated 12.12.2013 and the letter of the Commissioner, Chennai, the drivers are eligible to get a minimum wage of Rs.10,286/- per month (Rs.343/- per day), but they have been receiving only meagre amount of Rs.220/- per day; that the Sangam has made a representation dated 23.02.2015 to the concerned authorities for revision of wages and since the same did not evoke any response from them, the petitioner Sangam is before this Court, seeking for the above relief.
3. Learned Government Advocate appearing for the respondents would submit that the respondents are prepared to consider the representation of the petitioner and to pass suitable orders on the same.
4. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 to 3 to consider the representation dated 23.02.2015, submitted by the petitioner and after hearing necessary parties, to pass appropriate orders thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order, if there is no legal impediment to do so.
5. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar
To:
1.
THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI.
2.
THE DEPUTY COMMISSIONER OF LABOUR, VISWANATHAPURAM, MADURAI-625 016.
3.
THE COMMISSIONER MADURAI CORPORATION, MADURAI.
+1CC to M/S.R. Prabu Ramachandran, Advocate, SR.No. 12173 +1CC to M/S.S.Karthik, Advocate, SR.No. 12506 +1CC to M/S.V.Angusamy, Advocate, SR.No. 12533 +1CC to the Special Government Pleader SR.No. 12302 W.P.(MD) No.7259 of 2015 02.03.2017 ar AM/RR/SAR-2/07.04.2017/3P/8C