Madrasdated High Court · 2025

WP No. 6877 of 2022__________Page 6 of 15with Dearness allowance of Rs.3,725 /- per month, with effect from June 2018 and to disburse the accrued arrears of wages thereof, within a time scheduled by this court.For Petitioners : K.ThennanFor Respondents :Ms.S.Anitha,Special Government PleaderORDERThis writ petition is filed for the following relief:“To issue a writ of certiorarified mandamus calling for the records relating to the order in Na.Ka,No.25824 /2021 / E2, dated 21.06.2021 of the Director of Rural Development and Panchayat, the 2nd respondent herein and the consequential order issued in Memo Na.Ka.No. 10850 / 2021/E1, dated 05.07.2021 of the District Collector (Development) Thiruvannamalai, the 3rd respondent herein, and quash the same and to direct the 2nd respondent herein, to issue an order fixing the minimum rates of wages to the petitioner herein, working in the consolidated pay, as Over Head Tank Operators, in the minimum rate of basic wages at Rs.8,000/- with Dearness allowance of Rs.3,725 /- per month, with effect from June 2018 and to disburse the accrued arrears of wages thereof, within a time to be stipulated by this court. https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 7 of 152. It is the case of the petitioners that they have all been working as Over Head Pump Operators since 1984 onwards and are similarly placed. The petitioners come within the Village Panchayat of Thiruvannamalai District. Their service details are tabulated hereunder:S.NoName of the PetitionersName of the PanchayatDate of Initial AppointmentWage at the time of AppointmentPresent Consolidate pay1D.VeluMansurabath28.06.1989Rs 50/-Rs 4240+3002R.DesinguManusurabath- Pudhur28.06.1987Rs.50/-Rs 4240+3003K.ChinnaduraiMansurabath09.06.20084K.PerumalMansurabath08.11.20105S.ChinnammalMansurabath10.01.20096A.ManikkamArumbalur01.07.19947K.PachayappanMallampadi07.06.20008Late A.ManoharanSanikkavadi02.01.19839R.MuthuAalampumndi01.01.199410Late T.AarumugamMadavilaagam01.02.198611K.KaliAlliyalamangalam01.01.199212A.ElumalaiKonalur01.03.199613K.MuniyanMandakolathur199514T.PerumalKaraipundi01.02.200015A.ArigopalRajanthangal10.12.199616S.PalaniKarikkalampadi01.03.1995 https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 8 of 153. At the time of petitioners’ original appointment, a sum of Rs.50/- was paid to them as monthly wage, which has been increased gradually and in the year 2011, their monthly salary was fixed at Rs.2,000/- as consolidated pay with 40% as special amount, with effect from 01.01.2011. Thereafter, as a consequence of the 7th Pay Commission recommendations, the consolidated pay of the Overhead Tank Operators was fixed at Rs.4,540/- per month, which includes Rs.300/- as a special allowance.4. A committee was appointed under the Chairmanship of the Deputy Commissioner of Labour, Madurai for revising the minimum rates of wages for employment under any local authority as per G.O(Ms) No.59, Labour and Employment (J2) Department, dated 18.06.2014. After conducting meetings with various stake holders, the Committee had submitted a report to the Government for the revision of minimum rates of wages for employment under the local authorities. The Government, after careful inspection, accepted the same and issue an order revising the minimum rates of wages for employment under any local authority vide G.O(2D) No.62, Labour and Employment (J1) D dated 11.10.2017 and the same was also notified and published in the Government gazette. https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 9 of 155. The local authority under the schedule was categorised into all Corporations, all Municipalities, all Town and Village panchayats and the classes of employees were categorised as unskilled, semi-skilled and skilled. As per the calculation given in the schedule, the petitioners’ category, namely Over Head Tank Operators was categorised as Semi-Skilled Grade II.6. In pursuance of G.O(2D) No.62, Labour and Employment (J1) D dated 11.10.2017, the Director of Municipal Administration, Chepauk, Chennai 600 005 by his proceedings dated 16.05.2018 had instructed all local bodies to implement the above Government order with a direction to grant the minimum rates of wages to the employees under the local authority. The Commissioner, Villupuram Municipality, had fixed the minimum rate of wages for 36 Over Head Tank Operators at Rs.8,000 + 3725(DA) = Rs.15,725/- with effect from June 2018 by his proceedings dated 18.07.2018.7. The petitioners would submit that they have been working as Over Head Tank Operators since 1983 continuously without a break in https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 10 of 15the village panchayats. They had made several requests in person and in writing to respondents 4 to 7 to implement the Government order for fixing the minimum wages. Since there was no response, a detailed representation dated 23.03.2021 was given to the respondents herein seeking minimum rates of wages. This representation was referred to the Director, Rural Development and Panchayat/ the 2nd respondent herein by the 3rd respondent, the District Collector, Thiruvannamalai. The 2nd respondent rejected their request by his order dated 21.06.2021. However the same was not communicated to them. The petitioners, on their own volition, had obtained a copy of the said order dated 21.06.2021 and a reading of the same would show that the request has been rejected for the reason that they are part-time employees. The consolidated pay of Rs.4,000/- per month is being paid to 40,419 Over Head Tank Operators working in Tamil Nadu and this would overshadow the wages prescribed vide G.O(2D) No.62, Labour and Employment (J1) Department dated 11.10.2017. Lastly, the petitioners have been orally informed about the rejection. Therefore, the petitioners are before this Court seeking the reliefs claimed above. https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 11 of 158. A counter affidavit has been filed by the 3rd respondent inter-alia denying the contentions made by the petitioners. The respondents would submit that the petitioners were not full time workers but were only engaged on a part-time basis. They would get only a sum of Rs.38.50 per hour, which is a very meagre amount in the present day of emoluments. The request by the petitioners to fix their wages at Rs.8,000/- for the part-time work is not maintainable and is liable to be rejected. The petitioners’ request had already been considered and rejected and the order was also communicated to them by the 3rd respondent. The petitioner, being part-time employees, are discharging their duties only for two to three hours per day. Therefore, from a reading of the counter, it appears that the only defence raised by the respondents is that the petitioners are doing part-time work.9. Heard the learned counsel on either side, who made their arguments as found in the pleadings and perused the materials available on record. https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 12 of 1510.The petitioners are claiming parity on the basis of G.O (2D) No.62, Labour and Employment (J1) Department dated 11.10.2017. The schedule to this Government Order sets out the minimum rate of wages payable for employment under any local authority / all Corporations. The employees are qualified as skilled and semi-skilled. The petitioners’ avocation, namely Over Head Tank Operators is described as Grade-II Semi-Skilled workers and as per the schedule, they are entitled to minimum basic wages of Rs.8,000/- per month. Nowhere in the Government Order has it been stated that this salary will not be paid for part-time workers. On the contrary, the Government Order seeks to bring within its ambit skilled as well as unskilled workers working under the local authorities and Corporations. Nowhere is there any reference to the number of hours of worked by these workmen, skilled or unskilled for earning income. Therefore, the impugned order is not sustainable.11. Accordingly, the Writ Petition is allowed. The impugned order dated 21.06.2021 is quashed. The 2nd respondent is directed to fix the minimum rates of wages at Rs.8,000/- with Dearness allowance of https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 13 of 15Rs.3,725 /- per month, with effect from June 2018 to the petitioners and disburse the accrued arrears of wages thereof, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 08-12-2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NosrnTo1.The Secretary to Government, Government of Tamil NaduRural Development and panchayats Department, Secretariat, Fort St.George, Chennai- 600 009.2.The Director of Rural Development and Panchayats Panagal Buildings, Saidapet, Chennai- 600 015.3.The CollectorThe office of the District Collector, Thiruvannamalai District, Thiruvannamalai.4.The Assistant Director (Panchayats)Office of the Assistant Director (Panchayats), Cheyyar Block, Cheyyar, Thiruvannamalai District https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 14 of 155.The Block Development OfficerThe Office of the Block Development Officer (Village Panchayats), Chethupattu Panchayat Union, Chethupattu Block, Chethupattu,Thiruvannamalai District6.The Block Development OfficerThe Office of the Block Development Officer, (Village Panchayats), KizpenathurTaluk and Panchayath Union, Thiruvannamalai District7.The Block Development OfficerThe Office of the Block Development Officer, (Village Panchayats), Thiruvannamalai Taluk and Panchayat Union, Thiruvannamalai District. https://www.mhc.tn.gov.in/judis WP No. 6877 of 2022__________Page 15 of 15P.T.ASHA J.srnWP No. 6877 of 2022andWMP No. 6925 of 202208-12-2025