Madras High Court
Tamil Nadu Veedu Amaippusara And ... vs Tamil Nadu Construction Worker'S ... on 25 November, 2019
Author: S.M.Subramaniam
Bench: S.M. Subramaniam
W.P.No.32207 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25-11-2019
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM
W.P.No.32207 of 2014
Tamil Nadu Veedu Amaippusara and Kattumana
Thozilalar Nala Sangam (Regn.No.202/203/VPM)
Represented by its President Ms.J.Jayakkodi,
No.336, North Street,
Nallathur,
Kallakurichi,
Villupuram District. .. Petitioner
-vs-
1.Tamil Nadu Construction Worker's Welfare Board,
Represented by its Chairman,
No.8, Valluvar Kottam Main Road,
Nungambakkam,
Chennai-600 034.
2.The District Labour Officer,
Social Security Scheme,
Villupuram. .. Respondents
Petition under Article 226 of the Constitution of India praying for
issuance of a Writ of Certiorari, calling for the records comprised in the
impugned proceedings dated 16.09.2013 in Na.Ka.No.A/313/2013
issued by the second respondent and quash the same.
For Petitioner : No Appearance
For Respondents-1&2 : Mr.J.Ramesh,
Additional Government Pleader.
1/8
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W.P.No.32207 of 2014
ORDER
The order of the second respondent dated 16.09.2013 restraining the writ petitioner-Sangam from recommending any applications or issuing certificates for the benefit of sanction of Natural Death Scheme, is under challenge in the present writ petition.
2. The said order was passed invoking Section 6-A of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (hereinafter referred to as 'the Act'). Section 6-A of the Act stipulates suspension and cancellation of registration. Against such order, an appeal to the Secretary of the Board is also contemplated under Sub Section (4) of Section 6-A of the Act. The learned counsel for the petitioner states that an appeal was preferred and the said appeal has not been decided.
3. The allegations against the writ petitioner is that they have recommended applications in respect of the members of the writ petitioner's Sangam and those recommendations as well as the death certificate enclosed along with the application were found as bogus and accordingly the genuinity of the death certificate was verified by the respondent-authorities and consequently, the impugned order was 2/8 http://www.judis.nic.in W.P.No.32207 of 2014 passed under Section 6-A of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982.
4. The counter-affidavit filed by the second respondent reveals that the writ petitioner-Union countersigned the Natural Death Claim Application pertaining to the death of Thiru.Subramani Asari S/o Ponnusamy Asari residing at 61, Keel Street, Odhiyathu, Gangavalli (North), Salem District. The deceased was a member of the Tamil Nadu Construction Workers Welfare Board. The said Subramani Asari died on 06.06.2008 and his nominee Tmt.Parameswari submitted a death certificate with Serial No.15 along with the claim petition. A sum of Rs.17,000/- was sanctioned as natural death benefit. The Audit Team verified the Death Register maintained by the Revenue Department and it was found that the Death Certificate with Serial No.15 was issued in favour one Thiru.Muthu, who died on 11.08.2008 and not in favour of Thiru.Subramani Asari as claimed in the application. Thus, it was found that the Death Certificate in favour of Thiru.Subramani Asari was bogus.
5. This Court is of the considered opinion that the Government Welfare Schemes are to be implemented strictly in 3/8 http://www.judis.nic.in W.P.No.32207 of 2014 accordance with the terms and conditions of the scheme and documents, filed by the persons, who all are claiming such welfare benefits, are to be verified. There cannot be any compromise in respect of verification of the genuinity of the certificates produced by the claimants. In the event of identifying that the certificates submitted by the claimants are bogus then the authorities competent are bound to initiate criminal proceedings by registering a case. Submission of bogus Death Certificate is an offence and such bogus certificates are filed in order to avail the benefits from and out of the Government Welfare Schemes and such schemes are implemented through the tax payers money and therefore, the authorities must be cautious and initiate action against all such illegalities and offences, if any, committed by the claimants or the persons, who have assisted the claimants for the purpose receiving such Government benefits. Though actions are initiated in this case to suspend the recognition of the writ petitioner's sangam, no further actions are initiated regarding the bogus certificate produced for the purpose of claiming the Government benefits. It is pertinent to note that only in the event of initiating such actions, all such illegalities can be prevented. Otherwise the claimants will be of the opinion that they can submit such false certificates and avail the Government benefits and thereafter, escape 4/8 http://www.judis.nic.in W.P.No.32207 of 2014 from the clutches of law.
6. In the present case on hand, on verification, the authorities found that the certificate submitted by the beneficiary was a bogus certificate. However, the writ petitioner's Sangam states that they are not responsible for any such bogus certificates as they have forwarded the certificates submitted by the Members to the authorities competent. While, forwarding such applications, the writ petitioner's Sangam is signing a declaration in Form-D that the particulars furnished by the claimants are true and correct. However, this Court cannot go into these aspects, as the dispute involves an enquiry and adjudication. There is a possibility that the claimants would have submitted a bogus certificate to the Association and the Association office Bearers can not be aware of the genuinity of the certificate. It is equally possible that the office bearers would have assisted the claimants to get such bogus certificate from the authorities. All such circumstances are possible in the current day scenario and these facts and truth behind the bogus certificates are to be culled out only by way of an enquiry in the event of filing a criminal case.
7. Thus, this Court cannot offer or make any finding in this 5/8 http://www.judis.nic.in W.P.No.32207 of 2014 regard and it is for the authorities competent to conduct an enquiry in respect of the involvements of the office bearers of the writ petitioner- Sangam or the illegality committed by the claimants on behalf of whom such applications were forwarded by the writ petitioner-Sangam to the competent authorities.
8. However, the fact remains that the Death Certificate submitted by the claimant was found as a bogus one and therefore, actions are initiated. This apart, the impugned order was issued under Section 6-A of the Act, which empowers the authority to suspend and cancel the registration. An appeal remedy is contemplated and the appeal is also filed by the petitioner. Thus, the Appellate Authority/ first respondent is directed to consider all these aspects including the involvement of writ petitioner-Sangam in the matter of recommending the applications or their involvement in obtaining the bogus certificate in collusion with the claimants and thereafter take a decision by affording an opportunity to all the parties concerned. On identification of such bogus certificate in future, they have to initiate criminal action against all the persons concerned by registering a case before the appropriate Police Authority. This being the factum, the first respondent/Appellate Authority is directed to take the appeal for 6/8 http://www.judis.nic.in W.P.No.32207 of 2014 adjudication and dispose of the same as expeditiously as possible preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order.
9. Accordingly, the present writ petition stands disposed of. However, there shall be no order as to costs.
25-11-2019 Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No Svn To
1.The Chairman, Tamil Nadu Construction Worker's Welfare Board, No.8, Valluvar Kottam Main Road, Nungambakkam, Chennai-600 034.
2.The District Labour Officer, Social Security Scheme, Villupuram.
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