Madras High Court
M/S.Tnpl Workers Right Organisation vs The General Manager (Hr) on 23 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.1057 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.09.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.1057 of 2017
and
W.M.P.(MD)No.20866 of 2018
M/s.TNPL Workers Right Organisation,
No.59, Karur Main Road,
Velayuthampalayam Post,
Karur District – 639 117.
Represented by its President
Pon Elangovan. : Petitioner
Vs.
1.The General Manager (HR),
M/s.Tamil Nadu Newsprint and Papers Limited Factory,
Kagithapuram Post,
Karur District – 639 136.
2.The Deputy Managing Director,
M/s.Tamil Nadu Newsprint and Papers Limited,
Corporate Office,
67, Mount Road,
Guindy,
Chennai – 600 032.
3.The Chairman and Managing Director of
M/s.Tamil Nadu Newsprint and Papers Limited,
https://www.mhc.tn.gov.in/judis
1/8
W.P.(MD)No.1057 of 2017
Secretary to the Government,
Industries Department,
Government of Tamil Nadu,
Secretariat,
Chennai – 600 009.
4.The Commissioner of Labour,
Department of Labour,
Government of Tamil Nadu,
D.M.S. Compound,
Teynampet,
Chennai – 600 006.
5.The Secretary to the Government,
Labour and Employment,
Government of Tamil Nadu,
Secretariat,
Chennai – 600 009. : Respondents
[Cause title amended vide Court order dated
03.03.2017 in W.M.P.(MD)No.2781/2017]
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Certiorarified Mandamus,
1) calling for the records of all workmen trainee employee
joined on 15.01.1997, 20.01.1997, 27.01.1997 and 09.06.1997 from
the file of the respondent 1, 2 and 3 herein and quash the impugned
unskilled trainee orders with 4 years consolidated pay / training
https://www.mhc.tn.gov.in/judis
2/8
W.P.(MD)No.1057 of 2017
period and subsequent order of the probation after 3 years of
training period, order of the confirmation, order of the 1st up-
gradation, order of the 2nd up-gradation, order of the 3rd up-gradation
and the order of the 4th up-gradation, as they were contrary to / not
in compliance with the Laws and By-laws of M/s.Tamil Nadu
Newsprint and Papers Limited, orders of the Government, Industrial
Disputes Act, 1947 and the Constitution of India, 1950,
2) direct the respondents 1 to 5 herein to do the needful for
passing revised orders to the 1-28 unskilled trainees joined on
15.01.1997, 20.01.1997, 27.01.1997 and 09.06.1997:-
(i) as to their training period is 2 years from the date of their
joining with a designation of Operation Trainee.
(ii) as to their probation period is 6 months w.e.f. The date of
completion of their two years training period as operator trainee
with a designation of Operator SS(C) Probationer;
(iii) as to their confirmation as operator SS(C) is after
successful completion of their 6 months probation period as Operator
SS(C) Probationer.
(iv) as to their first up-gradation as Operator SS(B) is effected
is after 5 ½ years of service as Operator SS(C) (including 6 months
Probation Period).
https://www.mhc.tn.gov.in/judis
3/8
W.P.(MD)No.1057 of 2017
(v) as to their second up-gradation as operator SS(A) is
effected is after 5 years of service in their first up-gradation as
Operator SS(B)
(vi) as to their third up-gradation as Operator S(B) is effected
is after 5 years of service in their second up-gradation as Operator
SS(A).
(vii) as to their fourth up-gradation as Operator S(A) is effected
is after 5 years of service in their third up-gradation as Operator
S(B).
(viii) as to their fifth up-gradation as Operator HS is effected is
after 5 years of service in their fourth up-gradation as Operator S(A).
(ix) to fix the scale of pay for them from the date of beginning
of their probation, calculate the total pay for the 1 year from the date
of the probation, deduct a sum of Rs.24,000/- (Rupees twenty four
thousand only) which was paid to them as consolidated pay in the
third year training period and pay the extra amount as arrears and
other proportionate arrears in the subsequent years,
(x) to grant their one year EL & SL which were denied in the
third year training period for availing them from the date of receipt
of the revised order by the individual employee.
https://www.mhc.tn.gov.in/judis
4/8
W.P.(MD)No.1057 of 2017
3) to pass orders to the 1-5 respondents herein to comply with
the Honourable High Court order in this petition within 30 days of
receipt of the court order and report the same to this Honourable
Court within 40 days;
For Petitioner : Mr.S.C.Herold Singh
For Respondents 1 to 3 : Mr.M.P.Senthil
For Respondents 4 & 5 : Mr.G.Suriya Ananth
Additional Government Pleader
ORDER
The third respondent has filed additional counter affidavit.
Paragraph No.6 of the additional counter affidavit reads as follows:
“6.It is submitted that one of the clause in the aforesaid settlement is that “The Management agreed to relax one year in the ensuing upgradation for 33 workmen who were recruited during 1997-1998 with 2 years of training and 1 year of consolidated pay”. It is submitted that in view of this clause the grievance of the petitioner Union with respect to the 28 workmen has been redressed.”
2.As seen from paragraph No.6 of the additional Counter affidavit dated 28.04.2024, filed by the third respondent, the https://www.mhc.tn.gov.in/judis 5/8 W.P.(MD)No.1057 of 2017 grievance of the 28 workmen belonging to the petitioner union has been redressed. Learned Counsel for the petitioner would submit that there are other grievances which are yet to be addressed by the third respondent.
3.After recording the statement of the third respondent as reflected in paragraph No.6 of the additional counter affidavit dated 28.04.2024, which is extracted supra, this writ petition is disposed of, by granting liberty to the petitioner Union to approach the appropriate forum for redressal of further grievances of the members of the petitioner Union in the manner known to the petitioner under law.
4.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
23.09.2024
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
https://www.mhc.tn.gov.in/judis 6/8 W.P.(MD)No.1057 of 2017 To
1.The Commissioner of Labour, Department of Labour, Government of Tamil Nadu, D.M.S. Compound, Teynampet, Chennai – 600 006.
2.The Secretary to the Government, Labour and Employment, Government of Tamil Nadu, Secretariat, Chennai – 600 009.
https://www.mhc.tn.gov.in/judis 7/8 W.P.(MD)No.1057 of 2017 ABDUL QUDDHOSE, J.
MR W.P.(MD)No.1057 of 2017 23.09.2024 https://www.mhc.tn.gov.in/judis 8/8