Madras High Court
B.Premkumar vs The Government Of India on 6 January, 2021
W.A.(MD)No.173 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.173 of 2018
1.B.Premkumar
2.E.J.Tensingh ... Appellants/Writ Petitioners 1 & 5
Vs.
1.The Government of India,
Represented by Secretary to Government of India,
Ministry of Surface Transport,
Department of Shipping,
New Delhi.
2.The Joint Secretary (Ports),
Chairman,
Anamoly Committee,
Ministry of Shipping,
Road Transport and Highways,
No.1, Parliament Street,
New Delhi.
3.The Chairman,
Tuticorin Port Trust,
Tuticorin. ... Respondent 1 to 3/Respondents
4.C.Lakshmanan
5.A.Thilagavathy
6.S.P.Mohan Kumar,
7.K.Raghupathy
8.M.Shanmugavel
9.R.Sugandeeswari ... Respondents 2 to 4/Writ Petitioners 2
to 4 and 6 to 8.
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1/4
W.A.(MD)No.173 of 2018
(No relief sought against the respondents
4 to 9, hence respondents 4 to 9 are given up)
Prayer : Appeal filed under Clause 15 of the Letters Patent Act against the order
passed by this Court in W.P.(MD)No.10723 of 2008, dated 02.02.2017.
For Appellants : Mr.Robert Chandrasekar
for M/s.G.Prabhu Rajadurai
For Respondents 1 & 2 : Mr.S.Jeyasingh
Central Government Standing Counsel
For 3rd Respondent : Mr.VR.Shanmuganathan
Standing Counsel
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
This appeal has been preferred by the appellants, who belong to Class
I and Class Officers of the third respondent Port Trust. The sum and substance
of the grievance of the appellants is that Class III and Class IV employees are
allowed 15% of basic pay as House Rent Allowance with a sealing of
Rs.1,500/-, whereas Class I and Class II officers are paid only 7.5% of basic pay
as House Rent Allowance.
2.We do not find any discrimination as the appellants belongs to
Class – I and Class – II and they cannot be compared with Class – III and Class
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W.A.(MD)No.173 of 2018
– IV. The pay and allowance of Class – III and Class – IV officers were fixed in
pursuant to the negotiation and settlement reached under Section 12(3) of the
Industrial Disputes Act between Bipartite based Negotiation Committee
consisting of representatives of employees and Major Labour Federations and
that cannot be sought by the appellants. There is no violation of Article 14 of
the Constitution of India involved as the question is distinct and clear. In such
view of the matter, we do not find any reason to allow the Writ Appeal.
However, we make it clear that our order do not stand in the way of the
appellants' representations being considered on their own merits.
3.Accordingly, the Writ Appeal is disposed of with a direction to the
first respondent to consider the representations of the appellants, dated
10.04.2017, if they are not yet disposed, and pass orders on their own merits
and in accordance with law without being influenced by our orders in this Writ
Appeal. No costs.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 06.01.2021
sj
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.
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W.A.(MD)No.173 of 2018
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
sj
To
1.The Secretary to Government of India,
Ministry of Surface Transport,
Department of Shipping,
New Delhi.
2.The Joint Secretary (Ports),
Chairman,
Anamoly Committee,
Ministry of Shipping,
Road Transport and Highways,
No.1, Parliament Street,
New Delhi.
W.A.(MD)No.173 of 2018
06.01.2021
http://www.judis.nic.in
