Madrasdated High Court · 2025
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W.P.No.20142 of 20253.The District Forest Officer,49, Sri Kamadhenu Nagar, Moovendar Nagar, Viluppuram -6056024.The District Forest Officer,Phase 4, Pillayar Koil Street, Sathuvacheri, Vellore - 632009 (Rangapuram).5.The District Forest OfficerDharmapuri Collectorate, (Behind Collectorate)Dharmapuri -6367056.The District Forest OfficerTirupathur District Forest Office,Tirupathur Road, Tirupathur – 635601. ...RespondentsPrayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to pass orders to pay the Minimum Wages to the petitioners as per order of the Division Bench of this Honble Court in W.A Nos.2183/2012 dated 17.10.2012 and others as also followed in W.P (MD) Nos.3881 to 3884/2013 dated 14.09.2020 along with consequential payment of Dearness Allowance after due revision. For Petitioners: Mr. Silambanan, Senior Counsel for M/s.Kaavya Silambanan AssociatesFor Respondents: Mr. A.N.Purushotham9/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025 Special Government PleaderORDERThe present writ petition has been filed for the following relief : "To issue a Writ of Mandamus, directing the 1st respondent to pass orders to pay the Minimum Wages to the petitioners as per order of the Division Bench of this Honble Court in W.A Nos.2183/2012 dated 17.10.2012 and others as also followed in W.P (MD) Nos.3881 to 3884/2013 dated 14.09.2020 along with consequential payment of Dearness Allowance after due revision."2. The petitioners herein have worked as Plot Watchers, Social Forestry Workers and Malis in the Social Forestry and Forest Extension Division and had retired from services on they attaining the age of superannuation. The learned counsel for the petitioners has brought to the notice of the Court that the Government of Tamil Nadu vide G.O.Ms.No.82 Labour and Employment (J1) Department dated 27.09.2002 has fixed the minimum wages under Schedule-II to the Minimum Wages Act, 1948, however this benefit was declined to the social forestry workers of the Forest Department in the said G.O.. Hence, the aforementioned G.O. was challenged before this Court in W.P.No.24601 of 2005 by a similarly 10/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025aggrieved individuals, wherein the learned Single Judge by an order dated 08.08.2011 had directed to pay wages under the Minimum Wages Act for the period 1999 - 2006, and this was also confirmed in W.A.Nos.2183 to 2188 of 2012 & etc., batch. Hence, they seek parity for the petitioners herein by relying on the judgment of this Court in W.A.Nos.2183 to 2188 of 2012 & etc., batch. 3. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.4. The issue is whether the provisions of the Minimum Wages Act would apply to the petitioners and other similarly situated persons. This issue has come up for consideration before a learned Division Bench of the Principal Bench of this Court in W.A.Nos.2183 to 2188 of 2012 and the learned Division Bench came to the conclusion that the provisions of the Minimum Wages Act would apply to the persons who are similarly situated like the petitioners herein by judgment dated 17.12.2012. The said judgment passed by the learned Division Bench was also followed by a Co-ordinate Bench of this Court in W.P.(MD) Nos.3881 to 3884 of 2013 by duly 11/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025upholding the orders passed by the authority under the Minimum Wages Act and further directing the respondents therein to pay the minimum wages within eight weeks.5. The fact that this Court has conclusively held that the provisions of the Minimum Wages Act would apply to the Plot Watchers worked in the Social Forestry and Forest Extension Division, is not in dispute and Mr.A.N.Purushotham, learned Special Government Pleader also fairly submitted that the provisions of the Payment of Minimum Wages Act would apply to the petitioners herein. This Court does not see any reason to further dwell deep in the matter on merits.6. In the light of the judgment passed by this Court in the writ appeals in W.A.Nos.2183 to 2188 of 2012 and the order passed by the Co-ordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013, this writ petition is disposed of directing the first respondent to consider the claim of the petitioners for payment of minimum wages in terms of the representations said to have been submitted by them by duly calling for the service particulars of the petitioners from the concerned division and pass orders thereon within a 12/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025period of eight weeks from the date of receipt of a copy of this order by duly taking into consideration the judgment passed by the learned Division Bench in W.A.Nos.2183 to 2188 of 2012 and the order passed by the Co~ordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013.7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 09.06.2025 (1/2)Index: Yes/NoInternet: Yes/Nods13/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025To:1.The Principal Chief Conservator of Forests Headquarters of Forest Department,Guindy - Velacherri Main road,Near Kannigapuram Check post,Guindy, Chennai 600 032.2.The District Forest Officer,Tiruvannamalai District Forest office, 122, Chinnakadai St, Pavazhakundur, Tiruvannamalai - 6066013.The District Forest Officer,49, Sri Kamadhenu Nagar, Moovendar Nagar, Viluppuram -6056024.The District Forest Officer,Phase 4, Pillayar Koil Street, Sathuvacheri, Vellore - 632009 (Rangapuram)5.The District Forest OfficerDharmapuri Collectorate, (Behind Collectorate)Dharmapuri -6367056.The District Forest OfficerTirupathur District Forest Office,Tirupathur Road, Tirupathur – 635601.14/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025P.T. ASHA, J, dsW.P.No. 20142 of 202509.06.202515/15
W.P.No.20142 of 20253.The District Forest Officer,49, Sri Kamadhenu Nagar, Moovendar Nagar, Viluppuram -6056024.The District Forest Officer,Phase 4, Pillayar Koil Street, Sathuvacheri, Vellore - 632009 (Rangapuram).5.The District Forest OfficerDharmapuri Collectorate, (Behind Collectorate)Dharmapuri -6367056.The District Forest OfficerTirupathur District Forest Office,Tirupathur Road, Tirupathur – 635601. ...RespondentsPrayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to pass orders to pay the Minimum Wages to the petitioners as per order of the Division Bench of this Honble Court in W.A Nos.2183/2012 dated 17.10.2012 and others as also followed in W.P (MD) Nos.3881 to 3884/2013 dated 14.09.2020 along with consequential payment of Dearness Allowance after due revision. For Petitioners: Mr. Silambanan, Senior Counsel for M/s.Kaavya Silambanan AssociatesFor Respondents: Mr. A.N.Purushotham9/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025 Special Government PleaderORDERThe present writ petition has been filed for the following relief : "To issue a Writ of Mandamus, directing the 1st respondent to pass orders to pay the Minimum Wages to the petitioners as per order of the Division Bench of this Honble Court in W.A Nos.2183/2012 dated 17.10.2012 and others as also followed in W.P (MD) Nos.3881 to 3884/2013 dated 14.09.2020 along with consequential payment of Dearness Allowance after due revision."2. The petitioners herein have worked as Plot Watchers, Social Forestry Workers and Malis in the Social Forestry and Forest Extension Division and had retired from services on they attaining the age of superannuation. The learned counsel for the petitioners has brought to the notice of the Court that the Government of Tamil Nadu vide G.O.Ms.No.82 Labour and Employment (J1) Department dated 27.09.2002 has fixed the minimum wages under Schedule-II to the Minimum Wages Act, 1948, however this benefit was declined to the social forestry workers of the Forest Department in the said G.O.. Hence, the aforementioned G.O. was challenged before this Court in W.P.No.24601 of 2005 by a similarly 10/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025aggrieved individuals, wherein the learned Single Judge by an order dated 08.08.2011 had directed to pay wages under the Minimum Wages Act for the period 1999 - 2006, and this was also confirmed in W.A.Nos.2183 to 2188 of 2012 & etc., batch. Hence, they seek parity for the petitioners herein by relying on the judgment of this Court in W.A.Nos.2183 to 2188 of 2012 & etc., batch. 3. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.4. The issue is whether the provisions of the Minimum Wages Act would apply to the petitioners and other similarly situated persons. This issue has come up for consideration before a learned Division Bench of the Principal Bench of this Court in W.A.Nos.2183 to 2188 of 2012 and the learned Division Bench came to the conclusion that the provisions of the Minimum Wages Act would apply to the persons who are similarly situated like the petitioners herein by judgment dated 17.12.2012. The said judgment passed by the learned Division Bench was also followed by a Co-ordinate Bench of this Court in W.P.(MD) Nos.3881 to 3884 of 2013 by duly 11/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025upholding the orders passed by the authority under the Minimum Wages Act and further directing the respondents therein to pay the minimum wages within eight weeks.5. The fact that this Court has conclusively held that the provisions of the Minimum Wages Act would apply to the Plot Watchers worked in the Social Forestry and Forest Extension Division, is not in dispute and Mr.A.N.Purushotham, learned Special Government Pleader also fairly submitted that the provisions of the Payment of Minimum Wages Act would apply to the petitioners herein. This Court does not see any reason to further dwell deep in the matter on merits.6. In the light of the judgment passed by this Court in the writ appeals in W.A.Nos.2183 to 2188 of 2012 and the order passed by the Co-ordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013, this writ petition is disposed of directing the first respondent to consider the claim of the petitioners for payment of minimum wages in terms of the representations said to have been submitted by them by duly calling for the service particulars of the petitioners from the concerned division and pass orders thereon within a 12/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025period of eight weeks from the date of receipt of a copy of this order by duly taking into consideration the judgment passed by the learned Division Bench in W.A.Nos.2183 to 2188 of 2012 and the order passed by the Co~ordinate Bench in W.P.(MD) Nos.3881 to 3884 of 2013.7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 09.06.2025 (1/2)Index: Yes/NoInternet: Yes/Nods13/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025To:1.The Principal Chief Conservator of Forests Headquarters of Forest Department,Guindy - Velacherri Main road,Near Kannigapuram Check post,Guindy, Chennai 600 032.2.The District Forest Officer,Tiruvannamalai District Forest office, 122, Chinnakadai St, Pavazhakundur, Tiruvannamalai - 6066013.The District Forest Officer,49, Sri Kamadhenu Nagar, Moovendar Nagar, Viluppuram -6056024.The District Forest Officer,Phase 4, Pillayar Koil Street, Sathuvacheri, Vellore - 632009 (Rangapuram)5.The District Forest OfficerDharmapuri Collectorate, (Behind Collectorate)Dharmapuri -6367056.The District Forest OfficerTirupathur District Forest Office,Tirupathur Road, Tirupathur – 635601.14/15 https://www.mhc.tn.gov.in/judis W.P.No.20142 of 2025P.T. ASHA, J, dsW.P.No. 20142 of 202509.06.202515/15