Muneeswaran.T v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI T.Muneeswaran ... Petitioner versus

1. The Chairman, V.O.Chidambaranar Port Trust, Bharathi Nagar, Harbour Estate, Tuticorin 628 004.

2. The Deputy Commissioner of Labour, (Workman Compensation Commissioner), Office of Deputy Commissioner of Labour, Tirunelveli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 01.04.2022 and to pay enhanced additional compensation to the petitioner within a stipulated time to be fixed by this Court.

For Petitioner : Mr.K.R.Manimaran For R1 : Mr.A.Arivuchandran For R2 : Mr.C.Venkatesh Kumar, Special Government Pleader 1/6

ORDER

The petitioner, claiming to be a Mazdoor in Tuticorin Stevedores Association, met with an accident on 18.02.1998 and on account of that, he lost his leg and his disability was assessed at 70%. The petitioner has filed this writ petition seeking a direction to the first respondent Port Trust to consider his representation dated 01.04.2022 and to pay enhanced additional compensation to him within a stipulated time.

2. When this writ petition is taken up for hearing, a preliminary objection has been raised by the learned counsel for the first respondent that the petitioner is not entitled to maintain this writ petition that there is no employer and employee relationship between the petitioner and the Port Trust and that this claim has been made after 23 years and therefore, this writ petition is liable to be dismissed on the ground of laches also.

3. The learned counsel for the first respondent further submits that in fact, the petitioner has already filed a writ petition before this Court in W.P. (MD)No.16831 of 2020, seeking alternative employment, by referring the provisions under Section 20(4) of the Rights of Persons with Disabilities 2/6

Act, 2016. However, this Court, by order dated 07.03.2023, dismissed the writ petition holding that there is no employer and employee relationship between the petitioner and the Port Trust. However, the petitioner has filed this writ petition pursuant to the merger of Tuticorin Stevedores Association with the Port Trust.

4. Admittedly, the petitioner was an employee of Tuticorin Stevedores Association. This Truticorin Stevedores Association was absorbed by the Port Trust in the year 1999, as per the memorandum of settlement dated 22.12.1999. However, even prior to that, the petitioner has suffered an accident and the Tuticorin Stevedores Association has paid a meagre compensation of Rs.1,87,076/-. Since the Tuticorin Stevedores Association was merged with the Port Trust, all the employees of Tuticorin Stevedores Association were absorbed by the Port Trust. However, the petitioner's name has not been added in the list of employees in the Tuticorin Stevedores Association, since he met with an accident in the year 1998. On this issue, the petitioner has already raised an issue before the Central Government Industrial Tribunal cum Labour Court, Chennai (CGIT-LC) in I.D.No.84 of 2024 and the same is pending.

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5. In view of the earlier order passed by this Court in W.P.(MD)No. 16831 of 2020 dated 07.03.2023 that there is no employer and employee relationship between the petitioner and the Port Trust and the claim of additional compensation from the Port Trust has been made only after 23 years, this Court is not inclined to entertain this writ petition.

6. Accordingly, this writ petition is closed with liberty to the petitioner to workout his remedy in I.D.No.84 of 2024, which is pending before the Central Government Industrial Tribunal cum Labour Court, Chennai. The Central Government Industrial Tribunal cum Labour Court, Chennai, shall conclude the proceedings in I.D.No.84 of 2024 as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. No costs. 22.10.2025 NCC : Yes/No Index :Yes/No Internet : Yes/No ogy 4/6

To

1. The Chairman, V.O.Chidambaranar Port Trust, Bharathi Nagar, Harbour Estate, Tuticorin 628 004.

2. The Deputy Commissioner of Labour, (Workman Compensation Commissioner), Office of Deputy Commissioner of Labour, Tirunelveli.

3. The Central Government Industrial Tribunal cum Labour Court, Chennai.

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B.PUGALENDHI,J.

ogy 22.10.2025 6/6