Madras High Court
P. Ponnusamy vs The Chief General Officer on 4 June, 2021
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P(MD)No. 9581 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :04.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No. 9581 of 2021
P. Ponnusamy ... Petitioner
Vs.
1. The Chief General Officer,
BSNL, Greems Road,
Chennai.
2.The General Manager (Telecom),
O/o. the General Manager,
BSNL, Trichy SSA, Trichy.
3.The General Manager (Telecom),
O/o. the General Manager,
BSNL CMTS, Trichy.
4.The General Manager ( Telecom),
O/o. the General Manager, BSNL,
Erode, SSA, Erode.
5.The General Manager (Telecom),
O/o. the General Manager, BSNL, Salem SSA,
Salem. ... Respondents
RAYER: Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents
1 to 4 to consider the representations dated 10.09.2020, 22.12.2020 and
12.04.2021 and to release the petitioners arrears balance amount of Rs.
2,48,77,072/- (Rupees Two Crores Forty Eight Lakhs Seventy Seven
Thousand and Seventy Two only) for his service laborers of the
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W.P(MD)No. 9581 of 2021
respondents 1 to 5 as per bill dated 17.09.2019 to 12.04.2021 and to till
date of the petitioner as precondition as per similar orders of the Hon'ble
Madras High Court, Madurai Bench Madurai in WP(MD).Nos. 10381 and
10382 of 2020 dated 16..12.2020.
For Petitioner : Mr.R. Rajagopal
For Respondents : Mr. Shanmugaraja Sethupathi
Standing Counsel
ORDER
Mr.Shanmugaraja sethupathi, learned Standing Counsel appearing for BSNL, accepts notice on behalf of the respondents.
2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3. This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representations of the petitioner dated 10.09.2020, 22.12.2020 and 12.04.2021 and to release his arrears balance amount of Rs.2,48,77,072/- (Rupees Two Crores Forty Eight Lakhs Seventy Seven Thousand and Seventy Two only) for his service laborers of the respondents 1 to 5 as per bills dated 17.09.2019 to 12.04.2021 and to till date of the petitioner as 2/7 https://www.mhc.tn.gov.in/judis/ W.P(MD)No. 9581 of 2021 precondition as per similar orders of the Hon'ble Madras High Court, Madurai Bench Madurai in WP(MD).Nos. 10381 and 10382 of 2020 dated 16.12.2020.
4. According to the petitioner, the respondents are liable to pay a sum of Rs.2,48,77,072/- towards labour charges. The amount claimed by the petitioner with the respondents is only towards the labour charges and after receipt of the said amount, the same will be disbursed to the labourers, which is due from the side of the petitioner. Since the matter is relating to labour and as a representative of the labourer, the petitioner has filed the present Writ Petition and unless and until if the amount is not paid, the petitioner cannot clear the arrears to their labourers including EPF. In such circumstances, the petitioner has sent a representations dated dated dated 10.09.2020, 22.12.2020 and 12.04.2021, to the respondents but, the same has not been considered so far. Hence, the petitioner has come forward with the present Writ Petition.
5. The learned counsel for the petitioner would state that it would be suffice if a direction is given to dispose of the representation of the petitioner.
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6. The learned standing counsel for the respondents would state that the representations of the petitioner would be considered within a reasonable time.
7. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, without going into the merits of the case projected by the petitioner either in his representation or in this Writ Petition, the respondents are directed to consider the representation of the petitioners dated 10.09.2020, 22.12.2020 and 12.04.2021, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order
8. With the above direction, the writ petition is disposed of. No Costs.
04.06.2021 Index:Yes/No Internet:Yes/No trp 4/7 https://www.mhc.tn.gov.in/judis/ W.P(MD)No. 9581 of 2021 Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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1. The Chief General Officer, BSNL, Greems Road, Chennai.
2.The General Manager (Telecom), O/o. the General Manager, BSNL, Trichy SSA, Trichy.
3.The General Manager (Telecom), O/o. the General Manager, BSNL CMTS, Trichy.
4.The General Manager ( Telecom), O/o. the General Manager, BSNL, Erode, SSA, Erode.
5.The General Manager (Telecom), O/o. the General Manager, BSNL, Salem SSA, Salem.6/7
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