Madras High Court
Unknown vs The Principal Chief Conservator Of ... on 22 April, 2025
W.P.(MD) No.24212 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.04.2025
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.24212 of 2023
and
W.M.P.(MD) No.20392 of 2023
1.U.Subramanian
2.M.Rajendran
3.S.Paranjothi
4.A.Annadurai
5.A.Udayar
6.V.Gowrivel
7.S.Samynathan
8.A.Chinnappan
9.S.Easwaramurthi
10.M.Nagasamy
11.R.Sadayandi
12.I.Poongavanam
13.M.Narayanan
14.K.Tamilselvam
15.S.Balakrishnan
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W.P.(MD) No.24212 of 2023
16.B.Katturajaa
17.P.Velladurai
18.P.Thavamani
19.M.Malliga
20.N.Muthusamy
21.N.Karuppasamy
22.C.Malludurai ... Petitioners
Vs.
1.The Principal Chief Conservator of Forests,
Headquarters of Forest Department,
Guindy – Velachery Main Road,
Near Kannigapuram Check Post,
Guindy, Chennai-600 032.
2.The Divisional Forest Officer,
Social Forestry Division,
Jawan Bhavan Senikkarai,
Ramanathapuram-623 535.
3.The Divisional Forest Officer,
Social Forestry & Forest Extension Division,
NGO 'A' Colony, Palayamkottai,
Tirunelveli-627 007.
4.The District Forest Officer,
Madurai Division,
Race Course Road,
Madurai-625 002.
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W.P.(MD) No.24212 of 2023
5.The Divisional Forest Officer,
Social Forestry Division,
13, Master Plan Campus,
Sivaganga-623 569.
6.The District Forest Officer,
Kodaikanal Division,
Muthaliarpuram,
Kodaikanal-624 101. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, to direct the 1st respondent to pass orders to pay
the Minimum Wages to the petitioners as per order of the Division Bench of
this Court in W.A.No.2183 of 2012, dated 17.10.2012 and others and is
followed in W.P.(MD) Nos.3881 to 3884 of 2013, dated 14.09.2020 within
stipulated time.
For Petitioners : Mr.V.O.S.Kalaiselvam
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
ORDER
This writ petition has been filed seeking a writ of mandamus
directing the first respondent to pass orders to pay minimum wages to the
petitioners in terms of the judgment of a learned Division Bench of the
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Principal Bench of this Court in W.A.Nos.2183 to 2188 of 2012, dated
17.12.2012 and the orders passed in W.P.(MD) Nos.3881 to 3884 of 2013,
dated 14.09.2020 within a stipulated time.
2. All the petitioners herein worked as Plot Watchers in the Social
Forestry and Forest Extension Division, that is under the respondents and
retired from service. They all are making a claim for payment of minimum
wages for the service already rendered by them.
3. Heard the learned counsel for the petitioners and the learned
Additional Government Pleader appearing for the respondents and perused
the material available on record including the counter affidavit filed by the
respondents.
4. The issue whether the provisions of the Minimum Wages Act
would apply to the petitioners and other similarly situated persons has come
up for consideration before a learned Division Bench of the Principal Bench
of this Court in W.A.Nos.2183 to 2188 of 2012 and the learned Division
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Bench came to the conclusion that the provisions of the Minimum Wages Act
would apply to the persons who are similarly situated like the petitioners
herein by judgment dated 17.12.2012. The said judgment passed by the
learned Division Bench was also followed by a Co-ordinate Bench of this
Court in W.P.(MD) Nos.3881 to 3884 of 2013 by duly upholding the orders
passed by the authority under the Minimum Wages Act and further directing
the respondents therein to pay the minimum wages within eight weeks.
5. The fact that this Court has conclusively held that the provisions
of the Minimum Wages Act would apply to the Plot Watchers worked in the
Social Forestry and Forest Extension Division, is not in dispute and
Mr.S.Shanmugavel, learned Additional Government Pleader also fairly
submitted that the provisions of the Payment of Minimum Wages Act would
apply to the petitioners herein. This Court does not see any reason to further
dwell deep in the matter on merits.
6. In the light of the judgment passed by this Court in the writ
appeals in W.A.Nos.2183 to 2188 of 2012 and the order passed by the Co-
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ordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013, this writ petition is
disposed of directing the first respondent to consider the claim of the
petitioners for payment of minimum wages in terms of the representations
said to have been submitted by them by duly calling for the service
particulars of the petitioners from the concerned division and pass orders
thereon within a period of eight weeks from the date of receipt of a copy of
this order by duly taking into consideration the judgment passed by the
learned Division Bench in W.A.Nos.2183 to 2188 of 2012 and the order
passed by the Co-ordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013.
7. Accordingly, this Writ Petition is disposed of. There shall be no
order as to costs. Consequently, connected miscellaneous petition is closed.
22.04.2025
NCC : Yes/No
Index : Yes/No
Internet : Yes
ABR
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To
1.The Principal Chief Conservator of Forests,
Headquarters of Forest Department,
Guindy – Velachery Main Road,
Near Kannigapuram Check Post,
Guindy, Chennai-600 032.
2.The Divisional Forest Officer,
Social Forestry Division,
Jawan Bhavan Senikkarai,
Ramanathapuram-623 535.
3.The Divisional Forest Officer,
Social Forestry & Forest Extension Division,
NGO 'A' Colony, Palayamkottai,
Tirunelveli-627 007.
4.The District Forest Officer,
Madurai Division,
Race Course Road,
Madurai-625 002.
5.The Divisional Forest Officer,
Social Forestry Division,
13, Master Plan Campus,
Sivaganga-623 569.
6.The District Forest Officer,
Kodaikanal Division,
Muthaliarpuram,
Kodaikanal-624 101.
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MUMMINENI SUDHEER KUMAR, J.
ABR
22.04.2025
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