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Madras High CourtWP(MD)/10068/2017disposed of

G.Palsamy, v. The Secretary To Government

2017-05-26Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.10068 of 2017 1.G.Palsamy 2.M.Ramakrishnan 3.A.Periyasamy 4.S.Gnanasekar 5.R.Kaliyappan 6.A.Mari 7.R.Murugan 8.P.Bharathaguru 9.P.Kannan 10.T.K.Kannan 11.M.Jeyakumar 12.M.Chandra Sekar 13.L.Esaiya 14.P.Thangam 15.V.Perumal 16.C.Rajkumar 17.A.Rajavel 18.S.Ramaraj 19.S.Rajangam ...

Petitioners Vs.

1.The Secretary to Government, Department for Labour, Secretariat, Fort.St.George, Chennai-9.

2.The Commissioner of Labour, Office of the Commissioner of Labour, Chennai-6.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Joint Commissioner of Labour Conciliation, Office of the Commissioner of Labour, Chennai-6.

5.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Lady Doak College Road, Madurai- 625 002.

6.The Labour Officer (Social Security Scheme), No.8/1050-6, Kalaignar Nagar, Bye-Pass Road West, Vadamalai Kurichi Mukku Road, Virudhunagar- 626 001.

7.MS Sri Nagananthana Mills Limited, Through its Managing Director Veerasamy, Vakkanangundu, Kariyapatti Taluk, Virudhunagar District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to take action against the 7th respondent for nonpayment of our Salaries, Gratuity, and Provident Fund.

For Petitioners : Mr.R.Murugappan For Respondents : Mr.T.R.Janarthanam 1-6 Additional Government Pleader

O R D E R

The petitioner seeks for a Writ of Mandamus directing the respondents 1 to 6 to take action against the 7th respondent for non-payment of our Salaries, Gratuity, and Provident Fund.

2. The Mr.T.R.Janarthanam, learned Additional Government Pleader takes notice for the respondents 1 to 6. By consent, the writ petition itself is taken up for final disposal.

3. The learned counsel for the petitioner would submit that it would suffice, if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

4. Accordingly, the sixth respondent is directed to look into the complaint given by the petitioner and make an enquiry by calling 7th respondent and pass suitable orders within a period of eight weeks from the date of receipt of a copy of this order. 5.Till then there shall be an order of Interim injunction restraining the 7th respondent from removing the machineries from

the premises of the Sri.Nagananthana Mills situated at Vakkanagundu, Kariyapatti Taluk, Virudhunagar District.

Thereafter, the Sixth respondent is directed to report the same before the Court.

6. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Secretary to Government, Department for Labour, Secretariat, Fort.St.George, Chennai-9.

2.The Commissioner of Labour, Office of the Commissioner of Labour, Chennai-6.

3.The District Collector, Virudhunagar District,Virudhunagar.

4.The Joint Commissioner of Labour Conciliation, Office of the Commissioner of Labour, Chennai-6 5.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, Lady Doak College Road, Madurai- 625 002.

6.The Labour Officer (Social Security Scheme), No.8/1050-6, Kalaignar Nagar, Bye-Pass Road West, Vadamalai Kurichi Mukku Road, Virudhunagar- 626 001.

+1CC to M/S.R.Murugappan, Advocate, SR.No. 22898 W.P.(MD)No.10068 of 2017 26.05.2017 TA/SM/DSS/AKV AM/SKN/SAR 3/12.06.2017/3P/8C