Madras High Court
P.Andichi vs The Labour Welfare Officer on 17 November, 2022
Author: S.Srimathy
Bench: S.Srimathy
W.P.(MD)No.10776 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.10776 of 2014
P.Andichi ... Petitioner
vs.
The Labour Welfare Officer,
Social Security Scheme,
Madurai District,
Madurai ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records of the
respondent's order in T.A.U.S.No.77 of 2013, dated 03.10.2013 and to quash the
same and consequently, to direct the respondent to sanction pension under the
Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, to
the petitioner.
For Petitioner : Mr.A.Haja Mohideen
For Respondent : M/s.D.Farjana Ghoushia
Special Government Pleader
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W.P.(MD)No.10776 of 2014
ORDER
This writ petition is filed for issuance of writ of Certiorarified Mandamus, to quash the respondent's order, dated 03.10.2013 and consequently, to direct the respondent to sanction pension under the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, to the petitioner.
2.The petitioner is a manual worker involved in construction works from his tender age. Now, the petitioner had attained retirement and he is not able to work as a full-fledged construction worker. The Government has formulated a scheme to grant pension to such workers. The petitioner has registered his name with the respondent in Registration No.MZDR 73467 and continuously renewed the same. The Government has issued G.O.Ms.No.36, Labour and Employment (I-2) Department, dated 28.02.2011. The purpose of issuance of this G.O. is to clear the ambiguities that is prevailing in the scheme. The contention of the petitioner is that as per G.O.Ms.No.36, Labour and Employment (I-2) Department, dated 28.02.2011, every registered manual worker of Construction 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10776 of 2014 Workers Welfare Board and Unorganized Welfare Board who have completed 60 years of age is eligible for pension. Since the Government has not prescribed any conditions, the rejection order passed by the respondent without any reason is illegal and not sustainable. Hence, the petitioner prays to allow this writ petition.
3.The respondent submitted that as per Clause 6 of Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, the registration should be renewed once in every years by the worker. If the worker fails to renew his registration, the grace time is granted until the end of the half year. If he fails to renew within the grace time, the worker will be given another chance and renewal will be in a condition that during the non-renewal period, the beneficiary cannot claim any benefits under the scheme, as per the administrative instruction. The next renewal will be done on the date in which the manual worker shows up for renewal. But the renewal period of 2 years will be continued for every 2 years from the original registration. Since the petitioner did not renew on certain years and not have membership for 5 continuous years, his pension application was 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10776 of 2014 rejected after giving a chance to the petitioner under Clause 13(2)(b) of Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme. Hence, according to the respondent, the petitioner is not entitled to. The respondent further contended that requiring 5 years of continuous membership was removed as per G.O.Ms.No.36, Labour and Employment (I-2) Department, dated 28.02.2011, but the G.O. was not given retrospective effect. Hence, the amendment made in the scheme will not be applicable to he petitioner. Hence, the respondent prays to dismiss the writ petition.
4.Heard Mr.A.Haja Mohideen, learned Counsel appearing for the petitioner and M/s.D.Farjana Ghoushia, learned Special Government Pleader appearing for the respondent.
5.On perusing the records, it is seen that the scheme is a welfare scheme applicable to the construction workers. As per the rule of the scheme, if the renewal is not made, the construction workers ought to pay Rs.10/- for the 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10776 of 2014 renewal. The respondent is also bound to issue notice for cancellation. In the present case, the respondent has not send such notice. Since it is a welfare scheme, this Court is of the considered opinion that the case of the petitioner ought to be considered sympathetically. More over, the construction workers will be illiterate and they cannot be expected to renew periodically. Hence, the respondent is directed to pay the amount to the petitioner by collecting Rs.10/- for each year. The balance amount shall be paid to the petitioner within a period of six weeks from the date of receipt of a copy of this order.
6.With the above said observation, the writ petition is allowed. No costs.
Index : Yes / No 17.11.2022
Internet : Yes
Tmg
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W.P.(MD)No.10776 of 2014
To
The Labour Welfare Officer,
Social Security Scheme,
Madurai District,
Madurai
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W.P.(MD)No.10776 of 2014
S.SRIMATHY, J
Tmg
W.P.(MD)No.10776 of 2014
17.11.2022
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