Tamil Manila Yeskas v. the Government of Tamilnadu

Madras HC4 Dec 2025WP/26892/2013

Case brief

AI extract

What is this about?

W.P.No.26892 of 2013 (Madras High Court, 04.12.2025, D. Bharatha Chakravarthy, J.): trade union suspension under BOCW Welfare Cess Act 1996 scheme held inoperative after 13 years; Code on Social Security 2020 substitution noted; authorities free to act on false death-benefit claims; Welfare Board to verify claims before release; certiorari petition disposed, no costs.

What did the court decide?

Writ Petition disposed of with observations: the impugned suspension order is treated as inoperative and need not be continued; authorities left free to act in accordance with law on alleged false claims and pass final orders; Welfare Board/Labour Officer to decide whether to continue availing the union's services; no order as to costs. ¶¶34

Tamil Manila Yeskas Vs the Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in Na.Ka.No.568 of 2011, dated 14.03.2012, of the third respondent suspending the petitioner trade union should be called for and quashed. +1 more

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Court's answer

The impugned order of suspension of the activity of the petitioner trade union shall be treated as inoperative and need not be continued, since it was only a temporary suspension and cannot justifiably continue even after 13 years (the Court being in the year 2025).

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Ratio / Principle

The authorities remain free to take any action in accordance with law for any false claim that was made, or for any charge they propose to level against anybody, and to pass final orders.

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Key takeaways

In view of the new Code (Code on Social Security, 2020) coming into force, it is for the Welfare Board, its authorities and the Labour Officer to decide whether they are still going to take the help of the present trade union or not, in accordance with law.ratio¶¶32
It is for the Welfare Board, which administers the fund, to verify each and every claim that is made before releasing funds therefrom.obiter¶¶28

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) disposed of a writ petition (Art. 226) by a Dharmapuri-based construction workers' trade union challenging its suspension by the Labour Officer, Social Security Scheme (Na.Ka.No.568/2011, dt. 14.03.2012), said to have been imposed after allegations that the union certified false death claims under the welfare scheme funded by the Building and Other Construction Workers' Welfare Cess Act, 1996. Holding that the impugned order was only a temporary suspension which could not justifiably continue after 13 years — especially as the 1996 Act now stands substituted by the Code on Social Security, 2020 — the Court declared the suspension inoperative and directed that it need not be continued, while expressly preserving the authorities' liberty to take action in accordance with law on any false claim or charge and pass final orders, and leaving it to the Welfare Board, its authorities and the Labour Officer to decide whether to continue taking the union's help. No costs.

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W.P.No.26892 of 2013

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.12.2025

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CORAM :

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.26892 of 2013

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Tamil Manila Yeskas Amaippuchara Mattrum Kattumana Thozhirchangam, Rep. by its Secretary A.Balakrishanan, Marandahalli, Dharmapuri.

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.. Petitioner

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Versus

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The Government of Tamil Nadu, Rep. by Secretary to Government, Labour Welfare Department, Fort St. George, Chennai – 600 009.

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The Labour Commissioner, DMS Compound, Chennai.

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The Labour Officer, Social Security Scheme, Dharmapuri.

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.. Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari calling for the records of the 3^rd respondent pertaining to his proceedings in Na.Ka.No.568/2011, dated 14.03.2012 and quash the same.

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

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W.P.No.26892 of 2013

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For Petitioner : Mr.M.Selvam

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For Respondents : Mr.A.M.Ayyadurai, Government Advocate for RR-1 to 3

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ORDER

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This Writ Petition is filed to call for the records of the third respondent pertaining to the proceedings in Na.Ka.No.568 of 2011, dated 14.03.2012 and quash the same.

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Under the Building and Other Construction Workers’ Welfare Cess

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Act, 1996, cess is imposed on the persons carrying on building and construction activities and out of the fund, Welfare Scheme is framed for the benefit of the construction workers, whereby, the compensation and death benefits etc., are being granted. While so, the allegation against the trade union is that it made false claims of death resulting in the Welfare Board granting monies on account of these false claims duly certified by the office bearers of the trade union. After noting the same, individual orders were passed suspending the operations of the trade union by the Labour Officer in charge the scheme. In some cases, other actions, such as removal of labour representatives were also taken. Challenging the same, this Writ Petition is filed and an interim order is also granted.

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

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W.P.No.26892 of 2013

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When the matter came up for hearing, the learned Counsel for the petitioner also places on record the judgment, dated 30.08.2013 made in W.P.(MD).No.7495 of 2013, whereby, this Court took into account the fact that the suspension was long pending and after the order of interim stay granted by this Court, the trade union functioned as usual and recording the same, the Writ Petition was disposed of. The learned Counsel for the petitioner seeks for similar orders.

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However, it must be seen that the very Act itself is now substituted under the Code on Social Security, 2020. A new scheme may be framed or the existing scheme itself may be continued. It is for the Welfare Board which is administering the fund to verify each and every claim that is made before releasing the fund. Since the impugned order in this Writ Petition is only in the nature of temporary suspension of operation, it may not be justifiable to continue the same even after 13 years as we are now in the year 2025. As such, the impugned order of suspension of the activity of this union shall be treated as inoperative and need not be continued. However, it is for the authorities to take any action in accordance with law for any false claim that is made or any charge that they are going to level against anybody and pass final orders. As far as this trade union is concerned, in view of the

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

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W.P.No.26892 of 2013

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new Code coming into force, it is for the Welfare Board, its authorities and the Labour Officer to decide whether they are still going to take the help of

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the present trade union or not in accordance with law.

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