Village administrative officers challenged a one-day wage cut imposed after they took mass unapproved leave to hold a dharna protesting demolition of their association building erected on government land. The court found the mass leave illegal and upheld the wage deduction.
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W.P.No.19671 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.19671 of 2015 and M.P.Nos.1 to 3 of 2015
1.S.Rajendran
2.Tamil Nadu Village Administrative Officers Association (Registration No.288/07), represented by its Ward Secretary, Thiruvarur District.
... Petitioners
-vs-
3.Tahsildar, Thiruvarur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the third respondent resulting in the impugned proceedings Na.Ka.A3/3779/2015 dated 23.06.2015 and quash the same.
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: For petitioners Mr.K.Shakespeare
W.P.No.19671 of 2015
For respondents : Mr.V.Jeevagiridharan, Additional Government Pleader
O RDER
Questioning the wage cut for a day i.e., on 15.06.2015, based
on the principle of “No Work No Pay” by the third respondent, this writ petition has been filed by the Association represented by its Ward Secretary, both in his individual capacity as well as on the strength of himself being the Ward Secretary of the second petitioner's association.
disposed of with a direction to the second respondent to consider the
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W.P.No.19671 of 2015
petitioner's representation on merits and pass orders thereon.
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W.P.No.19671 of 2015
No Pay” for the period of absence. The respondents would submit that they had only followed the rules in deducting the salary.
that the petitioner's association had, unilaterally, without the permission of the Government, put up a construction on the Government land and the same had been demolished by the authorities concerned. Thereafter, the members of the association decided to show their protest in the form of dharna and they had given the leave applications and all these applications were turned down by the respondents, despite which, the members of the petitioner's association had gone on a mass leave on 15.06.2015, which is clearly an illegal action.
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permission and that too for a cause viz., putting up the association building in the government land, the action taken by the respondents is well within their rights and no exception can be taken to the same.
Therefore, this writ petition stands dismissed. Consequently, connected M.Ps. stand closed. No costs.
15.07.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa
To
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W.P.No.19671 of 2015
P.T.ASHA, J.,
ssa
W.P.No.19671 of 2015
15.07.2024
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1 issue framed by the court
Was the one-day wage cut imposed under the 'No Work No Pay' principle on employees who abstained from work for an unauthorised dharna justified?
1 provisions across 1 enactments
S.Rajendran
Tamil Nadu Village Administrative Officers Association (Registration No.288/07), represented by its Ward Secretary, Thiruvarur District
The District Collector, Thiruvarur District
The Revenue Divisional Officer, Thiruvarur District
Tahsildar, Thiruvarur District
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
