Madras High Court
S.Sathiskumar vs The Secretary To Government on 19 January, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.996 of 2023
S.Sathiskumar Petitioner
vs.
1.The Secretary to Government,
Labour Welfare and Skill Development Department,
Secretariat,
Chennai – 600 009
2.The Senior General Manager,
Simplex Infrastructures Ltd.,
Simplex House,
27 Shakespere Sarani,
Kolkatta – 700 017.
3.The Deputy Manager,
Simplex Infrastructures Ltd.,
Heavitree Complex, 1st Floor, Unit-c,
47, Spurtank Road, Chetpet,
Chennai – 600 031. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the 1st respondent to direct
2nd respondent to disburse in entire pending salary / wages of
https://www.mhc.tn.gov.in/judis
2
Rs.12,72,600/- with 9 percentage interest per month w.e.f 01.03.2021 to
till the date of actual payment to the petitioner to meet the both the ends
of justice and pass orders in accordance with law with a time frame that
may be stipulated by this Court.
For Petitioner : Mr.A.S.Palanisamy
For Respondents : Mr.Stalin Abimanyu
Additional Government Pleader
for R1
ORDER
This writ petition has been filed for issue of writ of mandamus
directing the 2nd respondent to disburse the salary that is due and payable
to the petitioner with interest at the rate of 9% per annum with effect from
01.03.2021.
2.Heard Mr.A.S.Palanisamy, learned counsel appearing on behalf
of the petitioner and Mr.Stalin Abimanyu, learned Additional Government
Pleader appearing on behalf of the 1st respondent.
3.The petitioner was working in the 2nd respondent private concern
as a Deputy Manager (Construction). According to the petitioner, his
services were also regularized w.e.f. 28.12.2017 onwards. The grievance
https://www.mhc.tn.gov.in/judis
of the petitioner is that he was not paid the salary and he also made
several representations to the 2nd respondent which ended in futile. As a
consequence, the present writ petition has been filed before this Court for
a direction to the 2nd respondent to disburse the entire arrears of salary
with interest.
4.When this Court questioned the learned counsel for the petitioner
with regard to the maintainability of this writ petition, the learned counsel
brought to the notice of this Court two judgments which are referred as
under:
a) Munni Dev vs. Govt. of Nct and another
b) Zee Telefilms Ltd and Another vs. Union of India and others
reported in (2005) 4 SCC 649
5.It is an admitted case that the 2nd respondent is a private concern.
It is also admitted that the petitioner was working in the 2 nd respondent
Company as a Deputy Manager. The grievance of the petitioner is that his
salary was not disbursed by the 2nd respondent in spite of several
representations made to the 2nd respondent.
https://www.mhc.tn.gov.in/judis
6.In the considered view of this Court, recovery of salary from a
private company can never be made amenable to writ jurisdiction. It is
true that a writ can be issued even as against the private body, provided
that the private body is performing a public function. In the present case,
the non-payment of salary by the 2nd respondent to the petitioner can at
no stretch be called as a public duty.
7.The petitioner has knocked the doors of a wrong Court and the
judgments that were cited by the learned counsel for the petitioner will
not have any bearing to the facts of the present case. Hence, this writ
petition stands dismissed. It is left open to the petitioner to workout his
remedy for the recovery of the salary from the 2nd respondent before the
appropriate forum in the manner known to law. No Costs.
19.01.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
ssr
https://www.mhc.tn.gov.in/judis
To
The Secretary to Government,
Labour Welfare and Skill Development Department,
Secretariat,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
W.P No.996 of 2023
19.01.2023
https://www.mhc.tn.gov.in/judis
