Dismissed

K.P.Manikandan at Manibaba v. the State of Tamilnadu

Madras HC7 Dec 2022WP(MD)/7765/2020

Case brief

AI extract

What is this about?

This common order dismissed two writ petitions challenging the Government's policy to provide COVID-19 financial assistance only to registered unorganized workers. The Court held that determining assistance for unregistered individuals is a policy decision requiring verification not feasible by the Government, thus rejecting the pleas for unconditional aid.

What did the court decide?

The prayers for issuance of Writ of Mandamus directing the respondents to extend financial assistance to unregistered dress pressers, washerman, and laundry workers were rejected.

K.P.Manikandan at Manibaba Vs the State of Tamilnadu — Service and Employment | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :07.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)NOs.7765 and 8984 of 2020

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W.P(MD)NO.7765 of 2020

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K.P.Manikandan @ Manibala :Petitioner

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.vs.

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1.The State of Tamil Nadu, represented by its Chief Secretary, Secretariat, Fort St.George, Chennai – 600 009.

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2.The Secretary, Department of Labour and Employment, Secretariat, Fort St.George, Chennai – 600 009.

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: Respondents

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W.P(MD)No.8984 of 2020

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Pandi Son of Karuppaiya, Secretary of Jaihindpuram Washerman Welfare Society, 74,Bharathiyar Road, Nethaji Nagar Second Street, Jaihindpuram, Madurai District. :Petitioner

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https://www.mhc.tn.gov.in/judis

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1/9

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.vs.

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1.The Tamil Nadu Manual Workers Welfare Board, represented by its Secretary, St.George Fort, Chennai – 600102.

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2.The Labour Commissioner, Labour Commissioner Office, D.M.S Building, Teynampet, Chennai.

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3.The Additional Commissioner, District Welfare Board, Ellis Nagar, Madurai.

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:Respondents.

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PRAYER in W.P(MD)No.7765 of 2020 Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to extend the benefit of COVID-19 relief measures to all the unregistered Dress Pressers and Washerman all over Tamil Nadu and disburse the same calculating from March 2020 to till date by considering the Petitioner's representation, dated 21.05.2020 within the time stipulated by this Court.

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PRAYER in W.P(MD)No.8984 of 2020 Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to extend the financial assistance under COVID-19 pandemic lockdown relief to washerman and laundry workers both registered and unregistered with the Board at the rate of Rs.3000/- per month for the past

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2/9

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https://www.mhc.tn.gov.in/judis

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three months and to the next three months ie., till October and also to immediately pay pending pension amount of Rs.1000/- to the Pensioner's under the Scheme by considering the Petitioner's representation, dated 16.07.2020 forthwith, without any further delay and within the time limit stipulated by this Court.

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For Petitioner :Mr.T.Thirumurugan in W.P(MD)No.7765 of 2020 For Petitioner in W.P(MD)No.8984 of 2020 :Mrs.A.Banumathy For Respondents :Mr.K.Balasubramani in both W.Ps' Addl.Govt.Pleader

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COMMON ORDER

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******************

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(Order of the Court was made by D.KRISHNAKUMAR ,J)

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These Writ Petitions have been filed seeking issuance of a Writ of Mandamus for extending the financial assistance to the Washermen and laundry workers both registered and unregistered for the COVID-19 pandemic period.

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2.The case of the petitioner in W.P(MD)No.8984 of 2020 is that the Petitioner's society is a society registered with the Tamil Nadu Washerman Welfare Board under Tamil Nadu Washerman Social Security and Welfare Scheme, 2006. According to the Petitioner, due to Covid-19 pandemic, throughout the State, the

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3/9

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https://www.mhc.tn.gov.in/judis

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Government has imposed lock-down and due to the same, members of the Petitioner society is left without any employment and they have no source of income to eke out their livelihood and they were facing great difficulty to cater the basic needs of their families. The State Government has announced and granted various financial assistance to number of unorganized labourers through their respective boards at Rs.1000/- for autorick-shaw labours, manual and building workers and other workers. But the State Government has not considered the Petitioner's grievance for payment of financial assistance to the members of the Petitioner's association. Therefore seeking financial assistance this Writ Petition and another Writ Petition in W.P(MD)No.7765 of 2020 are filed seeking financial asistance to the Washerman and laundry workers and the members of the petitioner's society.

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3.A counter affidavit has been filed in W.P(MD)No.8984 of 2020, wherein, it is stated that during the lock-down period, the Honourable Chief Minister of Tamil Nadu has made an announcemnt in the Legislative Assesmbly for providing special assistance of Rs. 1,000/-each to the registered and unorganized workers of Tamil Nadu Manual Workers Social Security Welfare Board and 14 other

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4/9

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https://www.mhc.tn.gov.in/judis

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Welfare Boards vide Government Press Note No.258, dated 7.4.2020. Based on the above announcement, the Government had accorded permission for the distribution of financial assistance of 13,01,277/- to the registered unorganised workers which includes 22,486 registered workers of Tamil Nadu Washerman Welfare Board vide G.O(Ms)No.83, Labour and Employment(II) Department, dated 8.4.2020. Based on the above Government Order, financial assistance of Rs.1,000/- is being disbursed through ECS to the bank account of the eligible registered unorganized workers. He would further submit that the details of the 16 welfare boards has been furnished in the counter affidavit. He further submitted that the Petitioner is espousing the cause of unregistered Dress Pressers and Washerman workers. It has been specifically stated in the counter affidavit that it is not possible to provide this aforementioned special assistance to all unregistered Dress Pressers and Washerman workers, as it is not possible for the Government to evaluate, enumerate and verify the credentials of each and every person claiming to be an unregistered worker for the purpose of availing the special assistance under the scheme. He would further submit that it is the policy decision of the Government to provide special assistance to the registered unorganized workers

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5/9

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https://www.mhc.tn.gov.in/judis

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of Tamil Nadu Manual Workers Social Security Welfare Board and 15 other Boards. He would further submit that the financial assitance can be provided only to the unorganized workers, who are registered in these Boards because those data alone are maintained in the above said 16 Boards and prayed for dismissal of the Writ Petitions.

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4.The relief of financial assistance as prayed for in the Writ Petitions are the policy decision of the Government and this Court sitting under Article 226 of the Constitution of India cannot issue such direction to grant financial assistance to the persons who are belonging to the Petitioners/association. We are satisfied with the submission made by the learned Government Pleaders appearing for the official respondents and the averments made in the counter affidavit filed by the respondents and we find some force in the said submission. Accordingly, the prayer sought for in the Writ Petitions are rejected and as such, the Writ Petitions are liable to be dismissed.

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5.Accordingly, the Writ Petitions stand dismissed. No costs. If the Peititoners have any grievance, it is for them to approach the

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6/9

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https://www.mhc.tn.gov.in/judis

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appropriate forum, for necessary relief, in the manner known to law,

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if so advised.

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[D.K.K.,J.] [R.V.,J.]

07.12.2022

Index:Yes/No

Internet:Yes/No

vsn

W.P(MD)No.7765 of 2020

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1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009.

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2.The Secretary, Department of Labour and Employment, Secretariat, Fort St.George,

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Chennai – 600 009.

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W.P(MD)No.8984 of 2020

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1.The Secretary,

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Tamil Nadu Manual Workers Welfare Board, St.George Fort,

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Chennai – 600102.

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2.The Labour Commissioner, Labour Commissioner Office, D.M.S Building, Teynampet,

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https://www.mhc.tn.gov.in/judis

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7/9

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Chennai.

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3.The Additional Commissioner, District Welfare Board, Ellis Nagar, Madurai.

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8/9

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https://www.mhc.tn.gov.in/judis

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D.KRISHNAKUMAR, J. AND R.VIJAYAKUMAR,J.

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vsn

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COMMON 0RDER MADE IN W.P(MD)NOs.7765 and 8984 of 2020

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07.12.2022

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9/9 https://www.mhc.tn.gov.in/judis

K.P.Manikandan at Manibaba v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

K.P.Manikandan at Manibaba v. the State of Tamilnadu

Case brief

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