Madras High Court
Thina Coolie Thozhilalarnalasangam vs The Management on 28 November, 2023
Author: R. Hemalatha
Bench: R. Hemalatha
W.P.No.1641 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
W.P.No.1641 of 2021
Thina Coolie Thozhilalarnalasangam,
Reg.No.200/CDR,
Rep by its Secretary
M.R.K. Co-operative Sugar Mill Campus,
Sethiyathope, Cuddalore District,
Tamil Nadu. ... Petitioner
Vs.
1 The Management,
M.R.K.Co-operative Sugar Mill Ltd.,
Rep by its Managing Director,
Sethiyathope, Cuddalore District,
Tamil Nadu.
2 The Commissioner of Sugar,
No.590, Anna salai, Nandanam,
Chennai, Tamil Nadu- 600 635.
3 The Principal Secretary to Government,
Industries Department,
Secretariat, Chennai,
Tamil Nadu- 600 009. ...
Respondents
Page 1 of 7
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W.P.No.1641 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
seeking for issuance of a Writ of Mandamus, to direct the Respondents to
absorb the Service of the petitioner Union members as regular workers in
the 1st Respondent MRK co-operative Sugar Mill after getting necessary
relaxation of Rules for their absorption in the existing vacancy taking into
consideration of the Resolution, dated 12.01.2019 passed by the 1st
Respondent Management and in the light of the order Passed by this
Court, dated 24.09.2019 made in WP.No.14998 of 2011 within a
stipulated Period.
For Petitioner : Mr.P.R.Thiruneelakandan
For Respondents
For R1 : Mr.M.Alagu Goutham
For R2 and R3 Mrs.C.Meera Arumugam,
Additional Government Pleader
ORDER
The Writ Petitioner is a Union viz., Thina Coolie
Thozhilalarnalasangam. The 1st respondent is M.R.K. Co-operative
Sugar Mill Ltd., which was established during the year 1989. According
to the Writ Petitioner, there are 243 permanent workers and 131 daily
rated casual labourers in the 1st respondent establishment. The Writ
Petitioner Union is espousing the cause of the daily rated wagers and
though they have been working for more than 28 years, their services
were not regularized as NMR workers. According to the petitioner,
pursuant to 12 (3) Settlement dated 28.09.1989 made between the
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Management and the representatives of the petitioner Union, the workers
were provided with "Occupational wages" since 1989. In this regard, the
Petitioner Union has been consistently approaching the 1st respondent
Management to regularize the employees, pursuant to which, the
Management passed a Resolution on 12.01.2019 to regularize the
services of 130 daily rated labourers who have been working for 28 years
since 1989 by relaxing Rules and sent a proposal for the same to the
Commissioner of Sugar/2nd respondent herein.
2. It is also their case that similarly placed daily rated casual
labourers who have rendered 25 years of service in Chiyyur Co-operative
Sugar Mill Limited raised an Industrial Dispute in I.D.No.70 of 2004
before the Additional Labour Court and the Additional Labour Court vide
its Orders dated 08.09.2009 directed the Management of the Chiyyur Co-
operative Sugar Mill to pay Occupational Wages and regularise the
workers, as against which, the Management filed a Writ Petition in
W.P.No.14998 of 2011 and the same was dismissed. He therefore
prayed for a direction to the respondents to absorb the the petitioner
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members as regular workers in the 1st respondent Management after
relaxing the Rules.
3. Mr.P.R.Thiruneelakandan, learned counsel for the petitioner
drew the attention of this Court to the Resolution passed by the 1st
respondent Management, dated 12.01.2019, wherein it has been
mentioned thus:
4 vk;/Mu;/fpUc;oz K:u;j;jp Tl;Lwt[?ru;f;fiu Miyapy; Vfkdjhf jPu;khdpf;fg;gl;lJ.
fle;j 1989 Kjy; 28 Mz;Lfshf ,d;W tiu
gzpgpupe;J tUk; 140 jpdf;Typ bjhHpyhsu;fs;
gzpg[upe;J tUfpd;wdu;/ ,tu;fSf;F xU Kiw tpjp
jsu;tp bra;J ,tu;fis vd;/bk;/Mu; bjhHpyhsu;fshf
gzpaku;j;jp ,tu;fsJ gzpapid tud;Kiw bra;tjw;F
ru;f;fiuj; Jiw Mizau; mtu;fSf;F gpnuuiz
mDg;gptjw;F epu;thff; FG xg;g[jy; kw;Wk; m';fPfupj;J
jPu;khdk; epiwntw;Wjy;
According to him, though this resolution was sent to the
Respondents 2 and 3, they have not sent any reply till date.
4. Mr.M.Alagu Goutham, learned counsel for the 1st
respondent filed a counter affidavit in which it is mentioned thus:
(XIV) However, the Government in Lr.No.11278/IC2/2013-
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19 dated.01.12.2019 the Labour Department has rejected
the proposals for the following reasons:
(i) The required employees of the Sugar Mills were not
recruited through the District Employment exchange.
(ii)The recruitment does not in conformity with the
reservation policy of the Government.
(iii)There is no prescribed qualification for the
recruitment of personnel to the respective category
of post at the time of their recruitment.
(iv)The recruitment of the employees whose services are
requested to be regularized is much against the
Judgment of the Hon'ble High Court, Madras and
Hon'ble Supreme Court of India. That is the
recruitment should have been made by calling list of
candidates from the Employment Exchange and open
advertisement for recruitment should be made in
daily newspaper.”
According to the 1st respondent, since the Government had not
approved the Resolution passed by the 1st respondent, they are not in a
position to regularise the services of the members of the Writ Petitioner
Union.
5. In the circumstances, this Court is of the view that the
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petitioner Union can file an appropriate application, challenging the
orders passed by the Government. The 1st respondent is directed to
communicate a copy of the Orders passed by the Government to the
petitioner Union within a period of two weeks from the date of receipt of
a copy of this Order.
6. With the above direction, this Writ Petition is disposed of.
No costs.
28.11.2023
Index: Yes/No
Speaking/Non-Speaking order
vum
To
1 The Commissioner of Sugar,
No.590, Anna salai, Nandanam,
Chennai, Tamil Nadu- 600 635.
2. The Principal Secretary to Government,
Industries Department,
Secretariat, Chennai,
Tamil Nadu- 600 009.
R. HEMALATHA, J.
https://www.mhc.tn.gov.in/judis
vum
28.11.2023
https://www.mhc.tn.gov.in/judis
