Disposed

Tamilaga Kattida Thozhila- v. The Secretary

Madras HC25 Oct 2019WP/11247/2015

Case brief

AI extract

What is this about?

In a writ petition challenging an order suspending recognition for submitting a bogus death certificate, the Court directed the appellate authority to dispose of the pending appeal within twelve weeks and initiate criminal proceedings against offenders.

What did the court decide?

The writ petition was disposed of. The first respondent was directed to adjudicate the appeal within twelve weeks and initiate criminal action for bogus certificates.

Tamilaga Kattida Thozhila- Vs The Secretary — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :25.10.2019

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CORAM

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.11247 of 2015

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Tamilaga Kattida Thozhilalargal Sangam Registration No. 660/TAJ, Rep. By its Salem Zonel Secretary P.Ganesan No.10/437, Raja Street, Suramangalam, Salem – 5. .. Petitioner Vs. 1. The Secretary, Tamil Nadu Construction Workers, Welfare Board, No.8, Valluvarkottam Main Road, Nungambakkam, Chennai – 600 034. 2. The Labour Officer, Social Security Scheme, Tamil Nadu Construction Workers Welfare Board, Shankar Nagar, Salem – 7. ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings of the 2^nd respondent order passed in Na.Ka.No.191/2014 dated 30.07.2014 and quash the same.

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For Petitioner : Mr.K.L.Sekar

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The order of the second respondent dated 30.07.2014 restraining the writ petitioner sangam from recommending any applications or issuing certificates for the benefit of sanction of Natural Death Scheme is under challenge in the present writ petition.

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https://hcservices.ecourts.gov.in/hcservices/

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The said order was passed invoking Section 6-A of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (hereinafter referred to as 'the Act'). Section 6-A of the Act stipulates suspension and cancellation of registration. Against such order, an appeal to the Secretary of the Board is also contemplated under Sub Section (4) of Section 6-A of the Act. The learned counsel for the petitioner states that an appeal was preferred and the said appeal has not been decided.

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The allegations against the writ petitioner is that they have recommended applications in respect of the members of the petitioner's Sangam and those recommendations as well as the death certificate enclosed along with the application were found as bogus and accordingly the genuinity of the death certificate was verified by the respondent authorities and consequently, the impugned order was passed under Section 6A of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982.

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The counter affidavit filed by the second respondent reveals that the petitioner Union counter signed the Natural Death claim application pertaining to the death of Thiru.Subramani Asari S/o Ponnusamy Asari residing at 61, Keel Street, Odhiyathu, Gangavalli (North), Salem District. The deceased was a member of the Tamil Nadu Construction Workers Welfare Board. The said Subramani Asari died on 06.06.2008 and his nominee Tmt.Parameswari submitted a death certificate with Serial No.15 along with the claim petition. A sum of Rs.17,000/- was sanctioned as natural death benefit. The audit team verified the Death Register maintained by the Revenue Department and it was found that the death certificate with Serial No.15 was issued in favour one Thiru.Muthu, who died on 11.08.2008 and not in favour of Thiru.Subramani Asari as claimed in the application. Thus, it was found that the death certificate in favour of Thiru.Subramani Asari was bogus.

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This Court is of the considered opinion that the Government Welfare Schemes are to be implemented strictly in accordance with the terms and conditions of the scheme and documents, filed by the persons who all are claiming such welfare benefits, are to be verified. There cannot be any compromise in respect of verification of the genuinity of the certificates produced by the claimants. In the event of identifying that the certificates submitted by the claimants are bogus then the authorities competent are bound to initiate criminal proceedings by registering a case. Submission of bogus death certificate is an offence and such bogus certificates are filed in order to avail the benefits from and out of the Government Welfare Schemes and such schemes are implemented through the tax payers money and therefore, the

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https://hcservices.ecourts.gov.in/hcservices/

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authorities must be cautious and initiate action against all such illegalities and offences, if any, committed by the claimants or the persons who have assisted the claimants for the purpose receiving such Government benefits. Though actions are initiated in this case to suspend the recognition of the writ petitioner's sangam, no further actions are initiated regarding the bogus certificate produced for the purpose of claiming the Government benefits. It is pertinent to note that only in the event of initiating such actions all such illegalities can be prevented. Otherwise the claimants will be of the opinion that they can submit such false certificates and avail the Government benefits and thereafter, escape from the clutches of law.

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In the present case on hand, on verification, the authorities found that the certificate submitted by the beneficiary was a bogus certificate. However, the writ petitioner's sangam states that they are not responsible for any such bogus certificates as they have forwarded the certificates submitted by the Members to the authorities competent. While, forwarding such applications, the writ petitioner's sangam is signing a declaration in Form-D that the particulars furnished by the claimants are true and correct. However, this Court cannot go into these aspects, as the dispute involves an enquiry and adjudication. There is a possibility that the claimants would have submitted a bogus certificate to the Association and the Association office Bearers can not be aware of the genuinity of the certificate. It is equally possible that the office bearers would have assisted the claimants to get such bogus certificate from the authorities. All such circumstances are possible in the current day scenario and these facts and truth behind the bogus certificates are to be culled out only by way of an enquiry in the event of filing a criminal case.

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Thus, this Court cannot offer or make any finding in this regard and it is for the authorities competent to conduct an enquiry in respect of the involvements of the office bearers of the Sangam or the illegality committed by the claimants on behalf of whom such applications were forwarded by the sangam to the competent authorities.

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However, the fact remains that the death certificate submitted by the claimant was found as a bogus one and therefore, actions are initiated. This apart, the impugned order was issued under Section 6-A of the Act, which empowers the authority to suspend and cancel the registration. An appeal remedy is contemplated and the appeal is also filed by the petitioner. Thus, the appellate authority/first respondent is directed to consider all these aspects including the involvement of Sangam in the matter of recommending the applications or their involvement in obtaining the bogus

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https://hcservices.ecourts.gov.in/hcservices/

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certificate in collusion with the claimants and thereafter take a decision by affording an opportunity to all the parties concerned. On identification of such bogus certificate in future, they have to initiate criminal action against all the persons concerned by registering a case before the appropriate police authority. This being the factum, the first respondent/appellate authority is directed to take the appeal for adjudication and dispose of the same as expeditiously as possible preferably within a period of twelve(12) weeks from the date of receipt of a copy of this order.

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Accordingly, the writ petition stands disposed of. No costs.

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Sd/-
Assistant Registrar(CS-VIII)
//True Copy//
Sub Assistant Registrar
mp
To
1. The Secretary,
Tamil Nadu Construction Workers,
Welfare Board,
No.8, Valluvarkottam Main Road,
Nungambakkam,
Chennai – 600 034.
2. The Labour Officer,
Social Security Scheme,
Tamil Nadu Construction Workers Welfare Board,
Shankar Nagar, Salem – 7.
+1cc to Mr.K.L.Sekar, Advocate SR.89736
+1cc to the Government Pleader SR.90426

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W.P.No.11247 of 2015 RR(CO) CB(04/12/2019)

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https://hcservices.ecourts.gov.in/hcservices/

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Tamilaga Kattida Thozhila- v. The Secretary

Case brief

What is this about?

What did the court decide?

Tamilaga Kattida Thozhila- v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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