Rep. by its Manager v. 1 Assistant Commissioner of Labour Vellore – 1

W.P.Nos.6038 and 6039 of 2018IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.03.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.6038 and 6039 of 2018 AndW.M.P.Nos.7439 and 7440 of 2018M/s.Bona Venture Shoes Pvt. Ltd.,No.12/130, Venkatasamuduram Village Road, Ambur – 635 802Rep. by its Manager... Petitioner in W.P.6038/2018M/s.S.S.C.Shoes Private Ltd.,No.12/130, Venkatasamuduram Village Road, Ambur – 635 802Rep. by its Manager... Petitioner in W.P.6039/2018Vs.1 Assistant Commissioner of Labour Vellore – 1.... Respondent in both the W.Ps.2 C.Thavakumar3 T.Dhanraj4 K. Gandhi5 M. Sankar6 V.Sankar7 M. Sundar8 K. Shainaz Begam9 M. Paranthaman10 K. Ramu11 K.Perumal12 S.Rajiniganth13 D.Ramamoorthy14 R.Lakshmi15 A.Karpagam1/8 https://www.mhc.tn.gov.in/judis W.P.Nos.6038 and 6039 of 201816 T.M.Selvaraj17 G.Eswaran 18 M.Pandiyan19 K.Saraswathy20 S.Santhi 21 L.Sivakumar22 C.Pathma 23 G.Arumugam 24 C.Chand Bhasa25 S.Sathyamoorthy26 G.Deiva 27 B.Pathma28 R.Gopal... Respondents in W.P.6038/20182 J.Vijaya 3 Deepa 4 G.Karthick5 R.P.Lakshmi6 R.Chakravarthi7 Maheswari 8 S.Santhakumar9 P.Balaji 10 S.Sivakumar11 M.Viswanathan12 K.Puratchi Tamilan13 Vennila 14 K.Sathya15 M.Jayaprakash16 G.Rajendran 17 N.Usha 18 K.M.Dharanesh 19 N.Mala 20 V.Lalitha21 S.Karthick22 M.S.Dilip Kumar23 M.R.Jayanthi 24 S.Kumaran 25 Sankar 26 K.Nathiya2/8 https://www.mhc.tn.gov.in/judis W.P.Nos.6038 and 6039 of 201827 Munna Basha ... Respondents in W.P.6039/2018Common Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari and call for the records and quash the order dated 27.03.2017 passed in PSA No.30/13 to PSA No.56/13 and PSA No.2/13 to PSA No.27/13 respectively, by the first respondent Assistant Labour Commissioner, Vellore – 1. For Petitioners : M/s.Gupta and Ravi in both the W.Ps.For Respondents: Mr.K.Surendran for R1 Additional Government Pleader Mr.R.Sankara Subbu for R2 to R28 R25 – Tapal returned with endorsement deceased in W.P.No.6038 of 2018 Mr.K.Surendran for R1 Additional Government Pleader Mr.R.Sankara Subbu for R2 to R27 in W.P.No.6039 of 2018 C O M M O N

O R D E RThe writ petitions have been filed seeking issuance of Writ of Certiorari and call for the records and quash the orders dated 27.03.2017 passed in PSA No.30/13 to PSA No.56/13 and PSA No.2/13 to PSA No.27/13 respectively, by the first respondent Assistant Labour 3/8 https://www.mhc.tn.gov.in/judis W.P.Nos.6038 and 6039 of 2018 Commissioner, Vellore – 1. 2. Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 3. The learned counsel appearing for the petitioners submitted that the private respondents filed applications under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 as if they were placed under suspension and subsistence allowance was not paid and the first respondent allowed the said applications without providing opportunity to the petitioners. The learned counsel further submitted that though the said applications were pending before the first respondent for more than three years, the petitioners did not take effective steps to argue the case before the first respondent.

The learned counsel further submitted that the petitioner is now ready to pay a sum of Rs.10,000/- as costs to each of the employee and hence this Court may set aside the impugned orders and remand the matter back to the first respondent for fresh adjudication and permit the petitioner to adduce evidence and similarly this Court may direct the first respondent to give opportunity to the private respondents and to dispose of the applications filed under the Tamil Nadu Payment of Subsistence 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.6038 and 6039 of 2018 Allowance Act, 1981, within a reasonable time frame. 4. The learned counsel appearing for the private respondents vehemently contended that the private respondents were placed under suspension in the year 2008, however they filed applications under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 only in the year 2013 and since the first respondent was not available, the applications were pending before the first respondent from 2013 and were disposed of in the year 2017 and the petitioners changed three counsel in order to drag on the proceedings and the delay is due to the petitioners which cannot be put against the private respondents and prayed for dismissal of the writ petitions.

5. Heard the arguments advanced on either side and perused the materials available on record. 6. Admittedly, the private respondents filed applications under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 in the year 2013 though the private respondents were placed under suspension in the year 2008. Though opportunity was given to the petitioners to put forth their case, they did not avail the opportunity. 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.6038 and 6039 of 2018 Inorder to give one more opportunity, this Court is inclined to set aside the impugned orders and remand the matter back to the first respondent for fresh adjudication. 7. Accordingly, the orders dated 27.03.2017 passed in PSA No.30/13 to PSA No.56/13 and PSA No.2/13 to PSA No.27/13 respectively, by the first respondent are set aside and the matter is remitted back to the first respondent for fresh adjudication. The petitioners are directed to pay a sum of Rs.10,000/- to each of the employees/ private respondents, within a period of one week from the date of receipt of a copy of this order and produce receipt for such payment before the first respondent.