K.Pandian v. The Principal Chief Conservator Of Forests

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.9727 of 2025 1.K.Pandian 2.P.Baluchamy 3.T.M.Kasimayan 4.S.Rajendran 5.M.Veluchamy 6.K.Krishnan 7.M.Sundaram 8.P.Ganesan 9.Lilly Joshop Mary 10.S.Periyakaruppan 11.M.Pitchaimani 12.P.Pandiyarajan 13.G.Marikkalai

14.P.Paraman 15.K.Raman 16.J.Suseela 17.V.Selvam 18.R.Ganesan 19.S.Duraikalai 20.R.Pandi 21.Chelladurai 22.M.Maharajan 23.B.Raju 24.P.Duraisamy 25.Velusamy 26.U.Vellaichamy 27.K.Latcham 28.T.Nagarajan 29.T.Ganesan 30.Vetrivelan 31.V.Marichamy 32.K.Rajendran

33.N.Neduncheliyan 34.K.Mani 35.S.Aruldoss 36.R.Balasubramanian 37.R.Ganesan 38.M.Govindaraj 39.S.Kumarasamy 40.K.Krishnan 41.S.Sivasankaran 42.N.Ramasamy 43.M.Pitchai 44.P.Chellam 45.P.Rajendran 46.M.Pandi 47.P.Dhanabalan ... Petitioners -vs1.The Principal Chief Conservator of Forests Headquarters of Forest Department Guindy-Velacherri Main Road Near Kannigapuram Check Post Guindy, Chennai-600 032

2.The District Forest Officer Madurai Division Race Course Road Madurai-625 002 3.The District Forest Officer Kanyakumari Division 175, College Road Municipality Campus Nagercoil-629 001 4.The District Forest Officer Theni Division KRR Nagar Housing Board Colony Theni-626 531 5.The District Forest Officer Sivagangai Forest Division Sivagangai-630 562 6.The Divisional Forest Officer Social Forestry Division No.16, 14, 20 C.C.Salai Rajaji Nagar M.S.F.Colony Virudhunagar-1 7.The District Forest Officer Dindigul Division Velunachiyar Valagam Dindigul-624 004 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to pass orders to pay the minimum wages to the petitioners as per order of the Division Bench of this

Court in W.A.Nos.2183 of 2012, dated 17.10.2012 and others as also followed in W.P.(MD) Nos.3881 to 3884 of 2013, dated 14.09.2020, along with consequential payment of dearness allowance after due revision within a time stipulated by this Court.

For Petitioners :

Mr.V.O.S.Kalaiselvam For Respondents :

Mr.F.Deepak Special Government Pleader

O R D E R

Heard Mr.V.O.S.Kalaiselvam, learned counsel for the petitioners and Mr.F.Deepak, learned Special Government Pleader, appearing for the respondents.

2. This writ petition has been filed by the petitioners seeking a writ of mandamus directing the respondent No.1 to pass orders to pay the minimum wages to the petitioners as per the Judgment of the learned Division Bench of this Court in W.A.Nos.2183 of 2012, dated 17.10.2012, as also followed in W.P.(MD) Nos.3881 to 3884 of 2013, dated 14.09.2020, along with consequential payment of dearness allowance after due revision within a time stipulated by this Court.

3. All the petitioners herein worked as Plot Watchers in the Social Forestry and Forest Extension Division, that is under the respondents and retired from service. They all are making a claim for payment of minimum wages for the service already rendered by them.

4. The issue whether the provisions of the Minimum Wages Act would apply to the petitioners and other similarly situated persons has come up for consideration before a learned Division Bench of the Principal Bench of this Court in W.A.Nos.2183 to 2188 of 2012 and the learned Division Bench came to the conclusion that the provisions of the Minimum Wages Act would apply to the persons who are similarly situated like the petitioners herein by judgment dated 17.12.2012. The said judgment passed by the learned Division Bench was also followed by a Co-ordinate Bench of this Court in W.P. (MD) Nos.3881 to 3884 of 2013 by duly upholding the orders passed by the authority under the Minimum Wages Act and further directing the respondents therein to pay the minimum wages within eight weeks.

5. The fact that this Court has conclusively held that the provisions of the Minimum Wages Act would apply to the Plot Watchers worked in the Social Forestry and Forest Extension Division, is not in dispute and Mr.F.Deepak, learned Special Government Pleader also fairly submitted that the provisions of the Payment of Minimum Wages Act would apply to the petitioners herein. This Court does not see any reason to further dwell deep in the matter on merits.

6. In the light of the judgment passed by this Court in the writ appeals in W.A.Nos.2183 to 2188 of 2012 and the order passed by the Coordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013, this writ petition is disposed of directing the first respondent to consider the claim of the petitioners for payment of minimum wages in terms of the representations said to have been submitted by them by duly calling for the service particulars of the petitioners from the concerned division and pass orders thereon within a period of eight weeks from the date of receipt of a copy of this order by duly taking into consideration the judgment passed by the learned Division Bench in W.A.Nos.2183 to 2188 of 2012 and the order passed by the Co-ordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 30.04.2025 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Chief Conservator of Forests, Headquarters of Forest Department, Guindy-Velacherri Main Road, Near Kannigapuram Check Post, Guindy, Chennai-600 032.

2.The District Forest Officer, Madurai Division, Race Course Road, Madurai-625 002.

3.The District Forest Officer, Kanyakumari Division , 175, College Road, Municipality Campus, Nagercoil-629 001.

4.The District Forest Officer, Theni Division, KRR Nagar, Housing Board Colony, Theni-626 531.

5.The District Forest Officer, Sivagangai Forest Division, Sivagangai-630 562.

6.The Divisional Forest Officer, Social Forestry Division, No.16, 14, 20 C.C.Salai Rajaji Nagar, M.S.F.Colony, Virudhunagar-1.

7.The District Forest Officer, Dindigul Division, Velunachiyar Valagam, Dindigul-624 004.

MUMMINENI SUDHEER KUMAR, J.

krk and W.M.P.(MD) No.9727 of 2025 30.04.2025 (2/2)