The Addl. Chief Secrtary And v. Arasu Pokkuvarathu Madurai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Fifth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice BATTU DEVANAND IN WP(MD) No.14216 of 2019 THE ADDITIONAL CHIEF SECRTARY AND CHAIRMAN OF STATE TRANSPORT UNDERTAKINGS, FORT ST.GEORGE, CEHNNAI-16 ... PETITIONER Vs 1 ARASU POKKUVARATHU MADURAI THOZHILALARGAL SANGAM, REP. BY ITS GENERAL SECRETARY, A.KANAGASUNDAR, 2 THE TAMIL NADU STATE TRANSPORT CORPN(MAD) LTD. REP. BY ITS MANAGING DIRECTOR, BY PASS ROAD, MADURAI-16 3 THE CHIEF FINANCIAL OFFICER THE TNSTC(MAD) LTD., BYE PASS ROAD, MADURAI 4 THE INSPECTOR OF LABOUR (ENFORCEMENT), LABOUR DEPARTMENT, TN HOUSING BOARD COMMERCIAL COMPLEX, ELLIS NAGAR, MADURAI 5 THE ASSISTANT COMMISSIONER OF LABOUR, (ENFORCEMENT), LABOUR DETP., COLLECORATE, VIRUDHUNAGAR 1/4
6 THE ASSITANT COMMISSIOENR OF LABOUR (ENFORCEMENT), LABOUR DEPARTMENT, 66, THONDI ROAD, SIVAGANGAI ... RESPONDENTS Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Grant Leave to the Petitioner / 1st respondent to file Counter Affidavit in the writ petition in WP (MD) No.14216 of 2019 and direct the Registry of the Honble High Court of Madras at Madurai Bench to accept the Counter Affidavit and render justice. Prayer in WP(MD). 14216/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to pay temporary workers (Drivers, Conductors and Non ITI Helper/Junior Tradesman including daily paid and reserve crew employees)working in the 1st respondent corporation at rates not below what has been prescribed in G.O(2D) No.120, Labour and Employment (J1) Department dated 31.12.2018 r/w the statement baring Z3/7657/2019 dated 18.03.2019.
ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.KANNAN, Additional Government Pleader for the petitioner and of on behalf of the Respondents the court made the following order:- This petition is filed to grant leave to the petitioner to file counter affidavit in the main Writ petition and to direct the Registry to accept the counter.
2. Having considered the averments made in the accompanying affidavit and in view of the importance of the issue involved in this Writ Petition, this petition is allowed on condition of payment of Rs.5,000/- (Rupees Five thousand only) towards costs to be paid to the Madurai Bench of Madras High Court Bar Association within a period of one week and file proof of payment within one week. 2/4
3. Accordingly, the Registry is directed to accept counter affidavit.
4. The learned consel for the petitioner submits that he is going to file a rejoinder against the counter affidavit filed by the respondents.
5. Post on 12.09.2023.
sd/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CM TO THE ADDITIONAL CHIEF SECRTARY AND CHAIRMAN OF STATE TRANSPORT UNDERTAKINGS, FORT ST.GEORGE, CEHNNAI-16 THE TAMIL NADU STATE TRANSPORT CORPN(MAD) LTD. REP. BY ITS MANAGING DIRECTOR, BY PASS ROAD, MADURAI-16 THE CHIEF FINANCIAL OFFICER THE TNSTC(MAD) LTD., BYE PASS ROAD, MADURAI THE INSPECTOR OF LABOUR (ENFORCEMENT), LABOUR DEPARTMENT, TN HOUSING BOARD COMMERCIAL COMPLEX, ELLIS NAGAR, MADURAI THE ASSISTANT COMMISSIONER OF LABOUR, (ENFORCEMENT), LABOUR DEPARTMENT., COLLECORATE, VIRUDHUNAGAR 3/4
THE ASSITANT COMMISSIOENR OF LABOUR (ENFORCEMENT), LABOUR DEPARTMENT , 66, THONDI ROAD, SIVAGANGAI COPY TO THE OFFICER INCHARGE, MADURAI BENCH OF MADRAS HIGH COURT BAR ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN IN WP(MD) No.14216 of 2019 No. of Date :05/09/2023 PKP/VRS/SAR- /07.09.2023/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4