Madras High CourtWP(MD)/24230/2023disposed of

Srinivasan K v. The Principal Chief Conservator Of Forests

2025-04-22Honourable Mr.Justice Mummineni Sudheer Kumar10 pages

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.20406 of 2023 1.K.Srinivasan 2.V.Pakkirisamy 3.M.Rajendran 4.M.Annamuthu 5.C.Govindaraj 6.P.Veerappan 7.S.Jeyakumar 8.V.Sivalingam 9.R.Karuppaiah 10.S.Pandian 11.S.Vetrivel 12.M.Chinnappa 13.P.Vijayalakshmi 14.A.S.Periyasamy 15.S.Ganesan

16.R.Nageswaran 17.A.Murugesan 18.P.Muthukaruppan 19.S.Palani 20.M.Vellaiyan 21.N.Thangarajan 22.S.Kathiresan 23.U.Karnan 24.M.Govindaraj 25.V.Alagammai 26.M.Velladurai 27.N.Sundaresan 28.T.Muthuramalingan 29.M.Rajendran 30.S.Manoharan 31.P.Murugesan ... Petitioners Vs.

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

2.The Divisional Forest Officer, Social Forestry & Forest Extension Division,

Machuvadi, Pudukottai, Thanjavur, Gandharvakottai, Pudukottai Road, Pudukottai-622 004.

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 Divisional Forest Officer, Interface Forestry Division, 17-D, Aarthy Theatre Salai, Y.M.R. Patti, Sirumalai, Dindigul-624 007.

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

8.The Divisional Forest Officer, Social Forestry Division, No.16, 14, 20 C.C. Salai Rajaji Nagar, M.S.F.Colony, Virudhunagar-1.

9.The District Forest Officer, Kanyakumari Division, 175, College Road, Municipality Campus, Nagercoil-629 001.

... 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.Nos.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 petitioner 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 Coordinate 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-Velacherri Main Road, Near Kanigapuram Check Post, Guindy, Chennai-600 032.

2.The Divisional Forest Officer, Social Forestry & Forest Extension Division, Machuvadi, Pudukottai, Thanjavur, Gandharvakottai, Pudukottai Road, Pudukottai-622 004.