Subramanian U v. The Principal Chief Conservator Of Forests

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.20392 of 2023 1.U.Subramanian 2.M.Rajendran 3.S.Paranjothi 4.A.Annadurai 5.A.Udayar 6.V.Gowrivel 7.S.Samynathan 8.A.Chinnappan 9.S.Easwaramurthi 10.M.Nagasamy 11.R.Sadayandi 12.I.Poongavanam 13.M.Narayanan 14.K.Tamilselvam 15.S.Balakrishnan

16.B.Katturajaa 17.P.Velladurai 18.P.Thavamani 19.M.Malliga 20.N.Muthusamy 21.N.Karuppasamy 22.C.Malludurai ... Petitioners Vs.

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

2.The Divisional Forest Officer, Social Forestry Division, Jawan Bhavan Senikkarai, Ramanathapuram-623 535.

3.The Divisional Forest Officer, Social Forestry & Forest Extension Division, NGO 'A' Colony, Palayamkottai, Tirunelveli-627 007.

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

5.The Divisional Forest Officer, Social Forestry Division, 13, Master Plan Campus, Sivaganga-623 569.

6.The District Forest Officer, Kodaikanal Division, Muthaliarpuram, Kodaikanal-624 101.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st 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.No.2183 of 2012, dated 17.10.2012 and others and is followed in W.P.(MD) Nos.3881 to 3884 of 2013, dated 14.09.2020 within stipulated time.

For Petitioners :

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

Mr.S.Shanmugavel Additional Government Pleader

ORDER

This writ petition has been filed seeking a writ of mandamus directing the first respondent to pass orders to pay minimum wages to the petitioners in terms of the judgment of a learned Division Bench of the

Principal Bench of this Court in W.A.Nos.2183 to 2188 of 2012, dated 17.12.2012 and the orders passed in W.P.(MD) Nos.3881 to 3884 of 2013, dated 14.09.2020 within a stipulated time.

2. 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.

3. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents and perused the material available on record including the counter affidavit filed by the respondents.

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.S.Shanmugavel, learned Additional 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 Co-

ordinate 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. 22.04.2025 NCC : Yes/No Index : Yes/No Internet : Yes ABR

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

2.The Divisional Forest Officer, Social Forestry Division, Jawan Bhavan Senikkarai, Ramanathapuram-623 535.

3.The Divisional Forest Officer, Social Forestry & Forest Extension Division, NGO 'A' Colony, Palayamkottai, Tirunelveli-627 007.

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

5.The Divisional Forest Officer, Social Forestry Division, 13, Master Plan Campus, Sivaganga-623 569.

6.The District Forest Officer, Kodaikanal Division, Muthaliarpuram, Kodaikanal-624 101.

MUMMINENI SUDHEER KUMAR, J.

ABR 22.04.2025