Thangasamy P v. The District Livestook Farm
W.P(MD)No.18552 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.18552 of 2021 P.Thangasamy ... Petitioner Vs.
The District Livestook Farm, Rep. by the Deputy Director of Animal Husbandry, Abishekapatti, Tirunelveli District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay all the arrears of the salaries by re-fixing the scale of pay to the petitioner based on the petitioner's representation dated 19.01.2021. For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr.A.K.Manikkam, Standing Counsel for State.
ORDER
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the the respondent to pay all the arrears of the salaries by re-fixing the scale of pay to the petitioner based on the petitioner's representation dated 19.01.2021.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, he joined as Daily Wager in the respondent Livestock Farm on 11.10.1971 and retired on 30.06.2014 and his service was regularized pursuant to the direction issued by the Labour Court, Madurai, not from the date of his original appointment, but only from 08.07.1997. Thereafter, the petitioner made a claim petition, claiming difference of wages from 11.10.1976 to 31.12.1991 and the Labour Court directed the authorities to pay a sum of Rs.59,486/- along with interest at 18% and costs. However, the authorities have not paid the difference of wages from 01.01.1992 to 07.07.1997 as per the award dated 31.1.1992 in I.D.No.143 of 1987 & 146 of 1987 and also further https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.18552 of 2021 period of difference of wages were not paid. Hence, the petitioner made several representations and finally, on 19.1.2021 and since no action was forthcoming from the respondent, the petitioner has come forward with the present Writ Petition, seeking to direct the respondent to dispose of the representation.
5. The learned Standing counsel would submit that if the representation is made within the limitation and still pending, the same would be considered.
6.Considering the submissions made by the learned counsel on either side and also considering the limited scope of prayer as sought by the petitioner, without expressing any opinion on merits, this Court directs the respondent to dispose of the representation made by the petitioner on 19.01.2021 in accordance with law and also as per the limitation aspect under the Act and pass appropriate orders within a period of 12 weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 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 The Deputy Director of Animal Husbandry, The District Livestook Farm, Abishekapatti, Tirunelveli District.
+1 CC to M/s.SPL.GP ( SR-32056[F] dated 21/10/2021 ) W.P(MD)No.18552 of 2021 20.10.2021 SAR(CO) SB/SKN (19.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2