Madras High Court
Tnpl Contractors' Association vs Federation Of Tamil Nadu Newsprint And on 23 February, 2017
Author: R.Subbiah
Bench: R.Subbiah, J.Nisha Banu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.02.2017
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
W.A.(MD)Nos.886 of 2015, 889 to 891 of 2015
and
W.P.(MD).Nos.16703, 18275 and 20626 of 2015
and
C.M.P.(MD).Nos.1, 1, 1 and 1 of 2015 and
C.M.P.(MD).Nos.140, 5730, 85 and 4068 of 2016
in W.A.(MD).Nos.886, 889 to 891 of 2015
and
M.P.(MD).Nos.1 and 2 of 2015 and W.M.P.(MD).No.3115 of 2016 in
W.P.(MD).No.16703 of 2015
and
M.P.(MD).No.1 of 2015 in W.P.(MD).No.18275 of 2015
and
M.P.(MD).No.1 of 2015 and W.M.P.(MD).No.3661 of 2016 in W.P.(MD).No.20626 of
2015
W.A.(MD).No.886 of 2015
1.TNPL Contractors' Association,
rep. by its President,
R.Karthikeyan,
No.3, K.G.Complex,
Velayuthampalayam,
Karur. ... Appellant
8th respondent
Vs.
1.Federation of Tamil Nadu Newsprint and
Papers Oppantha Thozhilarar Sangams rep.
by its President, Pon.Elangovan,
Ponveedu, Thillai Nagar,
S.Vellalapatti (Post),
Karur - 639 004. ... 1st respondent/
Petitioner
2.The Chairman
Tamil Nadu State Advisory Contract Labour
Board and the Secretary to Government
Labour and Employment Department,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
3.The Secretary,
Tamil Nadu State Advisory Contract
Labour Board and the Assistant Commissioner
of Labour (Contract Labour),
Office of the Commissioner of Labour,
DMS Compound, Teynampet,
Chennai - 600 006.
4.The Director of Industrial Health and
Safety (Chief Inspector of Factories),
Royapettah,
Chennai - 600 014.
5.The Tamil Nadu Newsprint and Papers Limited,
rep. by its Chairman / Managing Director and
the Secretary to Government Industries
Department, 67, Mount Road,
Guindy, Chennai -600 025.
6.A.Vailliyangiri
7.R.Mani
8.P.Pattabiraman
Writ Appeal has been filed under Clause 15 of the Letters Pattent,
against the order dated 22.06.2015, made in W.P.(MD).No.19476 of 2014 by a
learned Single Judge of this Court.
!For appellant : Mr.Somayagi,
Senior Counsel
for Mr.M.P.Senthil
^For 1st respondent : Mr.Vijayanarayanan,
Senior Counsel
for M/s.Victory Associates
For respondents 2 to 5 : Mr.B.Pugalendhi,
Addl. Advocate Genearl,
assisted by Mr.N.S.Karthikeyan,
Additional Government Pleader
:COMMON JUDGMENT
(Judgment of the Court was delivered by R.SUBBIAH, J.) These writ appeals have been filed by the TNPL Contractors' Association, Karur and the Officials of TNPL as against the common order, dated 22.06.2015, passed by a learned Single Judge of this Court in W.P.(MD).Nos.19476 of 2014, 7998 and 9929 of 2015, whereby and whereunder a learned Single Judge has directed the State Government to constitute a Special Committee and based on the report of the said committee, to take appropriate decision with regard to the abolition of contract labour system pertaining to the nature of work in TNPL. Seeking the relief interrelated to the issue involved in these appeals, the Contract Labour Unions have also filed separate writ petitions.
2.It is the main submission of the learned senior counsel for the appellants that the present appeals have been filed only to set aside the order passed by the learned Single Judge with regard to the appointment of a special committee to take decision with regard to the abolition of Contract Labour system in the paper industry. According to the learned counsel for the appellants, the State Advisory Board, by themselves, or by forming a Sub- Committee can decide the issue with regard to the abolition of Contract Labour System in TNPL and therefore, the direction given by the learned Single Judge to form a Special Committee may be set aside.
3. When the matter came up for hearing on 31.01.2017, the learned senior counsel appearing for appellants submitted that they have no objection in taking any decision by the State Advisory Board by themselves or by forming a Sub-committee, with regard to the abolition of the Contract Labour system in TNPL and that they are ready to agree for the constitution of the same. Based on the said submission made by the learned senior counsel for TNPL, this Court has passed the following orders on 03.02.2017 as follows;
"When the writ appeals came up for hearing on 31.01.2017, this Court directed the learned Additional Advocate General to find out as to whether the State Advisory Board, by themselves, or by forming a Sub-Committee can decide the issue with regard to the abolition of contract labourers in TNPL or they are willing to agree for constitution of the Special Committee, which was appointed as per the direction of the learned Single Judge.
2.Today, on instructions, the learned Additional Advocate General submitted that if the order of the learned Single Judge is modified, the State Advisory Board would take a decision to decide the issue in question either by themselves or by forming a Sub-Committee.
3.However, this Court is of the opinion that it would be appropriate to direct the State Advisory Board to file an affidavit in this aspect. Hence, the matter is adjourned to 14.02.2017."
4. Today, when the matter was taken up for hearing, the Assistant Commissioner of Labour, (Contract Labour), Chennai has filed an affidavit, wherein at paragraph No.8, it has been stated as follows;
"8.It is submitted that to comply with the orders of the Hon'ble High Court, special committee was constituted by the Government vide G.O.(D).No.643, Labour & Employment (H1) Department dated 02.11.2016 and subsequently amended the G.O.(D).No.664, Labour & Employment (H1) Department, dated 11.11.2016, though the subject matter referred to in the writ petition is pending before the State Advisory Contract Labour Board. As aforesaid, the State Advisory Contrary Labour Board (a Tripartite body) is only vested with the powers of constituting a sub-committee which has to place its report before the board for its deliberations and the State Government has to decide based on the decision taken in the State Advisory Contract Labour Board to issue a notification as per Section 10 of the Act or not. Hence, it is submitted that State Advisory Contract Labour Board will deliberate on the same issue through a sub-committee that will be appointed by the State Advisory Contract Labour Board.
.
5. Since, now, the State Advisory Contract Labour Board has stated that the Board will deliberate the issue through sub committee, this Court is of the view that the order passed by the learned Single Judge appointing the Sub Committee can be set aside and accordingly, the said portion is set aside and consequently, the G.O.(D).No.643, Labour & Employment (H1) Department, dated 02.11.2016 and amended G.O.(D).No.664, Labour and Employment (H1) Department, dated 11.11.2016 are set aside. The State Advisory Board is directed to take a decision either by themselves or by appointing a Sub- Committee with regard to the abolition of Contract Labour system within a period of 10 weeks from the date of receipt of a copy of this order and proceed further in accordance with law. It is also open to the Board to decide whether the issue with regard to the abolition of the Contract Labour system should be restricted to TNPL or it should be applicable to the entire paper industry. Except this modification, in all other aspects, the order of the learned Single Judge is confirmed.
6.At this juncture, the learned senior counsel appearing for the appellants submitted that pending deliberation by the committee, liberty may be given to take action if there is any misconduct on the part of the Contract Labours. Accordingly, liberty is given to the appellants to take action against the contract labours in the event of any misconduct on their part. Accordingly, these writ appeals are disposed of. In view of the order passed in these writ appeals, these writ petitions are closed. Consequently, connected miscellaneous petitions are also closed. No costs.
To
1.The Chairman Tamil Nadu State Advisory Contract Labour Board and the Secretary to Government Labour and Employment Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Secretary, Tamil Nadu State Advisory Contract Labour Board and the Assistant Commissioner of Labour (Contract Labour), Office of the Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006.
3.The Director of Industrial Health and Safety (Chief Inspector of Factories), Royapettah, Chennai - 600 014.
4.The Tamil Nadu Newsprint and Papers Limited, rep. by its Chairman / Managing Director and the Secretary to Government Industries Department, 67, Mount Road, Guindy, Chennai -600 025..