Madras High Court
Pallavapuram Municipality vs The Presiding Officer on 3 August, 2023
W.P.Nos.31567 to 31575 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. Nos.31567, 31568, 31569, 31570, 31571, 31572,
31573, 31574 & 31575 of 2014
and M.P.Nos.1, 2, 2, 2, 2, 2, 2, 2 & 2 of 2014
Pallavapuram Municipality
Rep.by its Commissioner
Chromepet, Chennai-44. .. Petitioner in all W.Ps.
-Vs-
1.The Presiding Officer,
II Additional Labour Court
Chennai. .. R1 in all W.Ps.
2.D.Ramani Ammal .. R2 in W.P.No.31567 of 2014
G.Ravichandran .. R2 in W.P.No.31568 of 2014
Rathinammal .. R2 in W.P.No.31569 of 2014
E.Umapathy .. R2 in W.P.No.31570 of 2014
T.Suguna .. R2 in W.P.No.31571 of 2014
M.Guruvaiah .. R2 in W.P.No.31572 of 2014
Estharammal .. R2 in W.P.No.31573 of 2014
G.Sudharsan .. R2 in W.P.No.31574 of 2014
D.Isac .. R2 in W.P.No.31575 of 2014
Common Prayer : Writ Petition under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorari calling for the award of
the 1st respondent in C.P.Nos.173, 174, 175, 176, 177, 178, 179, 180 & 181
of 2007 dated 31.07.2012 and quash the same.
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W.P.Nos.31567 to 31575 of 2014
(In all writ petitions)
For Petitioner : Mr.P.Srinivas
For Respondents
For R1 : Court
For R2 : Mr.K.M.Ramesh
COMMON ORDER
These writ petitions have been filed challenging the award of the 1st
respondent in C.P.Nos. 173, 174, 175, 176, 177, 178, 179, 180 & 181 of 2007
dated 31.07.2012.
2. It is the case of the workmen that they are entitled to regular time
scale of pay from the date on which they completed three years of service on
consolidated pay. The writ petitioner had granted them the benefit from
28.02.2006 and not from 01.01.2002. The entire dispute is within the period
of four years. The labour Court had held that the workmen have a right for
claiming the difference in pay in view of the fact of G.O.Ms.No.71 dated
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W.P.Nos.31567 to 31575 of 2014
05.05.1998 and that the ban imposed by the Government in G.O.Ms.No.212
(P&IR) dated 01.01.2002 does not affect the payment of difference in pay
scale.
3. The subject matter of this writ petition was also the subject matter in
a Full Bench judgment of this Court in Secretary to the Government,
Municipal Administration and Water Supply Department -vs-
V.Marisamy reported in 2017(3) CTC 673. The Full Bench was pleased to
hold as follows:
“29.(a) Persons employed as Sanitary Workers and covered
by G.O.Ms.No.101, dated 30.04.1997 and G.O.Ms.No.71,
dated 05.05.1998 are entitled to be regularized after the
completion of the respective period under Consolidated Pay
as specified in the Government Orders from the date of their
initial appointment.”
4. Therefore, following the Full Bench judgment of this Court, all
these writ petitions have to be dismissed. However, Mr.P.Srinivas would
bring to my notice that the said order of the Full Bench has been kept in
abeyance by proceedings in S.L.P.(C) No.21935 of 2017 and S.L.P.No.19874
of 2017. Therefore, there is no point in keeping these writ petitions pending.
In the light of the above judgment, these writ petitions stand dismissed.
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W.P.Nos.31567 to 31575 of 2014
However, the computation of the payment for each of the workman will be
done based on the verdict of the Supreme Court after the disposal of the
aforesaid S.L.Ps.
5. With the above observation, these writ petitions are dismissed. No
costs. Consequently, connected Miscellaneous Petitions are also closed.
03.08.2023
Index : Yes/No
Neutral Citation : Yes/No
ata
To
The Presiding Officer
II Additional Labour Court
Chennai.
G.K.ILANTHIRAIYAN , J.
ata
https://www.mhc.tn.gov.in/judis
W.P.Nos.31567 to 31575 of 2014
W.P.Nos.31567 to 31575 of 2014
03.08.2023
https://www.mhc.tn.gov.in/judis
