Madras High Court
Desiya Murpokku Tnpl Oppantha vs Md.Nasimuddin on 27 April, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
Cont. P. (MD) No.832 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:27.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Cont. P.(MD) No.832 of 2021
Desiya Murpokku TNPL Oppantha
Thozhilalar Sangam (Regn No.99/Karur)
rep. by its President, Pon.Elangovan
18/1 Arasi Nagar (Pugazhi Nagar South)
Velayuthampalayam (P.O.)
Karur District ... Petitioner/Petitioner
Vs.
1.Md.Nasimuddin
Principal Secretary to Government of Tamilnadu
Labour and Employment Department
Secretariat, Chennai 600 009.
2.M.Vallalar
Commissioner of Labour
DMS Complex,
Teynampet,
Chennai
3.M.V.Senthilkumar
Director of Industrial Safety and Health
(formerly Chief Inspector of Factories)
No.47/1 Near Metro Water Roundana
SIDCO Industrial Estate
Guindy, Chennai.
1/5
https://www.mhc.tn.gov.in/judis
Cont. P. (MD) No.832 of 2021
4.C.Malathi
Joint Director of Industrial Safety and Health
Plot No.23 III Street
Khajamalai
Trichy 620 020. .. Contemnors/Respondents
Prayer: Contempt Petition filed under Section 11 of the Contempt of
Courts Act, 1971 to punish the contemnors/respondents under Section 11
of Contempt of Court Act, 1971 for their wanton and wilful disobedience
of the order dated 16.03.2020 passed by this Court in W.P.(MD) No.4927
of 2020.
For Petitioner : Mr.T.Sakthikumaran
ORDER
The contempt petition is filed to punish the respondents for their wilful disobedience of the order dated 16.03.2020 passed in W.P. (MD) No.4927/2020.
2. The writ petition was filed by the Desiya Murpokku TNPL Oppantha Thozhilalar Sangam consisting of members, who are all the workmen engaged by the contractors. Based on the terms and conditions 2/5 https://www.mhc.tn.gov.in/judis Cont. P. (MD) No.832 of 2021 of contract, the contractor has to submit necessary proposals for claiming certain benefits with the Tamil Nadu State Advisory Contract Labour Board and thereafter the board has to take a decision.
3. The learned Additional Government Pleader made a submission that the order passed by this Court on 16.03.2020 has been implemented and the board has already taken a decision and such decisions were also implemented by the authorities. However, for complete implementation, the contractors concerned are bound to submit necessary proposals in respect of individual workmen with all other details. The eligibility and other particulars are to be verified by the competent authorities for disbursing the benefits in accordance with the provisions of the Act and Rules.
4. In short, the learned Additional Government Pleader made a submission that the board has taken a decision and the said decision is sought to the implemented in the writ petition. The implementation part is also properly complied with and a compliance report has also been filed. In respect of individual grievance, if any exists, it is for the 3/5 https://www.mhc.tn.gov.in/judis Cont. P. (MD) No.832 of 2021 individual to approach the competent authority for redressal of his grievance. Contrarily, the petitioner sangam cannot file a contempt petition in respect of the individual grievances and there may be 100's of such members and the sangam cannot file 100's of contempt petitions on each and every occasion and as per the compliance report, the decision of the board has been implemented in all respects and in the event of filing the application by following proper procedure, the same will be paid to the workmen in accordance with the provisions of the Act and rules. The members of the petitioner sangam, who are all aggrieved, are at liberty to approach the appropriate authority under the act for redressal of their grievance in the manner prescribed. If at all any such application is filed, the same can be decided as expeditiously as possible.
The contempt petition stands closed.
27.04.2022 Index : Yes / No Internet : Yes RR 4/5 https://www.mhc.tn.gov.in/judis Cont. P. (MD) No.832 of 2021 S.M.SUBRAMANIAM,J.
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