The Zonal Officer Vs The Presiding Officer — Writ and Judicial Review | Madras HC (2025)

The Zonal Officer Vs The Presiding Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None — writ petitions and connected miscellaneous petitions dismissed with no costs.

Issue for consideration

Whether the workmen (second respondents) are entitled to regular time scale of pay / regularization from the date of completion of three years of service on consolidated pay (i.e., from 01.01.2002) rather than from 28.02.2006, notwithstanding the Government ban in G.O.Ms.No.212 (P&IR) dated 01.01.2002. +1 more

Court's answer

Following the Full Bench judgment of this Court in Secretary to the Government, Municipal Administration and Water Supply Department -vs- V.Marisamy (2017(3) CTC 673), these writ petitions stand dismissed.

Ratio / Principle

Since the order of the Full Bench has been kept in abeyance by proceedings in S.L.P.(C) No.21935 of 2017 and S.L.P.No.19874 of 2017, there is no point in keeping these writ petitions pending.

Key takeaways

The computation of the payment for each of the workman will be done based on the verdict of the Supreme Court after the disposal of the aforesaid S.L.Ps.obiter¶37

Detailed headnote1 paragraphs

Madras High Court (M.Dhandapani, J.), 20.03.2025 — Fourteen writ petitions (W.P.Nos.20578–20591/2015) filed under Article 226 by the Zonal Officer, Zone-VII, Corporation of Chennai (formerly Commissioner, Ambattur Municipality) sought a Writ of Certiorari to quash the common order dated 28.06.2012 of the II Additional Labour Court, Chennai in C.P.Nos.158–171 of 2007, wherein workmen were held entitled to difference in pay scale per G.O.Ms.No.71 dated 05.05.1998 despite the ban in G.O.Ms.No.212 (P&IR) dated 01.01.2002. The subject matter was identical to the Full Bench judgment in Secretary to the Government, Municipal Administration and Water Supply Department -vs- V.Marisamy (2017(3) CTC 673), which held sanitary workers covered by G.O.Ms.No.101 dated 30.04.1997 and G.O.Ms.No.71 dated 05.05.1998 entitled to regularization from initial appointment. Following that Full Bench judgment, the Court dismissed all fourteen writ petitions and the connected miscellaneous petitions, no costs, noting that the Full Bench order has been kept in abeyance by S.L.P.(C) No.21935 of 2017 and S.L.P.No.19874 of 2017, and that computation of each workman's payment will follow the Supreme Court's verdict on those SLPs.

W.P.Nos.20578 to 20591 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.Nos.20578 to 20591 of 2015 And M.P.Nos.1 to 1 of 2015

The Zonal Officer, Zone – VII, Corporation of Chennai, Ambattur, Chennai – 600 053.

Formerly

The Commissioner, Ambattur Municipality, Ambattur, Chennai – 600 053.

... Petitioner in all the W.Ps.

Vs.

1.The Presiding Officer, II Additional Labour Court, Chennai. ... Respondent in all the W.Ps. 2.C.H.Vinothbabu ... Respondent in W.P.20578/2015 2.V.Elumalai ... Respondent in W.P.20579/2015 2.P.Sayamma ... Respondent in W.P.20580/2015 2.J.Davin ... Respondent in W.P.20581/2015 2.Mariamma ... Respondent in W.P.20582/2015 2.G.Jayarao ... Respondent in W.P.20583/2015 2.R.Venkatesan ... Respondent in W.P.20584/2015 2.B.Kumar ... Respondent in W.P.20585/2015 2.P.Babu ... Respondent in W.P.20586/2015 2.Devaiah ... Respondent in W.P.20587/2015 2.M.Raja ... Respondent in W.P.20588/2015 2.A.Nithiya ... Respondent in W.P.20589/2015

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W.P.Nos.20578 to 20591 of 2015

2.D.Rose 2.S.K.Mani

... Respondent in W.P.20590/2015 ... Respondent in W.P.20591/2015

Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records on the file of the first respondent herein in C.P.Nos.158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170 and 171 of 2007 respectively and quash the impugned order dated 28.06.2012 passed by the first respondent herein as highly illegal and arbitrary.

For Petitioner : Mr.E.C.Ramesh

For Respondents : R1 – Court Mr.K.M.Ramesh for R2 Senior Counsel for M/s.T.Hemalatha

C O M M O N O R D E R

The petitioner challenges the order of the Labour Court in C.P.Nos.158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170 and 171 of 2007 respectively dated 28.06.2012.

It is the case of the workmen that they are entitled to regular

time scale of pay from the date on which they completed three years of service on consolidated pay. The writ petitioner had granted them

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W.P.Nos.20578 to 20591 of 2015

the benefit from 28.02.2006 and not from 01.01.2002. The entire dispute is within the period of four years. The labour Court had held that the workmen have a right for claiming the difference in pay in view of the fact of G.O.Ms.No.71 dated 05.05.1998 and that the ban imposed by the Government in G.O.Ms.No.212 (P&IR) dated 01.01.2002 does not affect the payment of difference in pay scale.

The subject matter of the writ petitions was also the subject matter in a Full Bench judgment of this Court in Secretary to the Government, Municipal Administration and Water Supply Department -vs- V.Marisamy reported in 2017(3) CTC 673 . The Full Bench was pleased to hold as follows:

“29.(a) Persons employed as Sanitary Workers

and covered by G.O.Ms.No.101, dated 30.04.1997 and G.O.Ms.No.71, dated 05.05.1998 are entitled to be regularized after the completion of the respective period under Consolidated Pay as specified in the Government Orders from the date of their initial appointment.”

Therefore, following the Full Bench judgment of this Court, all

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these writ petitions have to be dismissed. However, Mr.E.C.Ramesh would bring to my notice that the said order of the Full Bench has been kept in abeyance by proceedings in S.L.P.(C) No.21935 of 2017 and S.L.P.No.19874 of 2017. Therefore, there is no point in keeping these writ petitions pending. In the light of the above judgment, these writ petitions stand dismissed. However, the computation of the payment for each of the workman will be done based on the verdict of the Supreme Court after the disposal of the aforesaid S.L.Ps.

With the above observation, these writ petitions are

dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.

20.03.2025

pri

Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No

To

1.The Presiding Officer, II Additional Labour Court, Chennai.

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M.DHANDAPANI,J. pri

W.P.Nos.20578 to 20591 of 2015 And M.P.Nos.1 to 1 of 2015

20.03.2025

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