Kathiresan .M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.P(MD)No.26435 of 2023 In W.P(MD)No.26434 of 2023:

1.M.Kathiresan 2.S.Udayakumar 3.A.Masilamani 4.T.Murugan 5.P.Selvam ... Petitioners Vs.

1. The Commissioner, Melur Municipality, Melur, Madurai District.

2.The District Manager/The District Registrar, District Industries Centre, Sivagangai.

3.The Secretary, Vivekanandar Technical Labour Contract Service Industrial Co-operative Society Ltd., Madhagupatti, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ in the nature of writ of 1/6

mandamus directing the respondents herein to settle the pending wages payable to the petitioners for the services rendered by them in the 1st respondent/Melur Municipality as Water Distribution Volve, Over Head Tank, Electric Motor Operators forthwith by considering the representations dated 16.10.2023.

In W.P(MD)No.26435 of 2023:

1.N.Jahir Hussain 2.Manoj Kumar 3.Vijayaraman ... Petitioners/Petitioners Vs.

1. The Commissioner, Melur Municipality, Melur, Madurai District.

2.The District Manager/The District Registrar, District Industries Centre, Sivagangai.

3.The Secretary, Vivekanandar Technical Labour Contract Service Industrial Co-operative Society Ltd., Madhagupatti, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ in the nature of writ of mandamus directing the respondents herein to settle the pending wages payable to the petitioners for the services rendered by them in the 1st respondent/Melur Municipality as Drivers for the period from 01.04.2023 to 30.09.2023 forthwith by considering the representations dated 16.10.2023.

2/6

In both petitions:

For Petitioners : Mr.D.Siva Raman For R2 : Mr.J.Ashok Additional Government Pleader C O M M O N O R D E R These Writ Petitions have been filed by the contract labourers, who are members of the 3rd respondent Society seeking a direction to the respondents to settle the pending wages payable to the petitioners for the services rendered by them in the 1st respondent/Melur Municipality.

2. Though notice was served upon the 1st respondent, they have neither appeared in person nor through counsel.

3. The petitioners have time and again given representations to the 2nd respondent, who is the administrator of the 3rd respondent Society. The allegations of the petitioners is that the 1st respondent has not paid the wages to the 3rd respondent to enable them to distribute the same among the members. 3/6

4. In view of the above stated facts, the petitioners are directed to give fresh representations to the 1st respondent requesting them to disburse the salary to the 3rd respondent Society along with a copy of this order. On receipt of such representation, the 1st respondent Municipality is directed to verify the records and disburse the arrears of salary to the 3rd respondent Society, if any, within a period of 12 weeks from the date of receipt of a copy of this order. On such receipt from the 1st respondent, the 3rd respondent Society is directed to disburse the eligible amount to its members.

5. With the above directions, these Writ Petitions are disposed of. No costs.

11.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To 4/6

The District Manager/The District Registrar, District Industries Centre, Sivagangai.

5/6

R.VIJAYAKUMAR, J.

CM and W.P(MD)No.26435 of 2023 11.12.2023 6/6