Madras High Court
Tamil Maanila Amaippusara vs The Additional Chief Secretary on 27 March, 2024
W.P.No.7164 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2024
CORAM:
THE HON'BLE MRS.JUSTICE.N.MALA
W.P.No.7164 of 2024
Tamil Maanila Amaippusara
Kattida Thozhilalargal Sammelanam,
Rep. by its General Secretary,
Mr.A.Kathirvel, Office at
No.9, Mariamman Koil Street,
Jagir Kamanaickenpatti,
Salem – 636 302. ... Petitioner
Vs.
1.The Additional Chief Secretary,
Government of Tamil Nadu,
Department of Labour Welfare and
Skill Development,
St.George Fort, Secretariat,
Chennai – 600 009.
2.The Commissioner of Labour,
O/o. Commissioner of Labour,
No.259, DMS Building,
Anna Salai, Teynampet,
Chennai – 600 006.
3.The Deputy Commissioner / Executive Officer,
Tamil Nadu Constructions Welfare Board,
No.8, Valluvar Kottam High Road,
Nungambakkam,
Chennai – 600 034.
1/9
https://www.mhc.tn.gov.in/judis
W.P.No.7164 of 2024
4.Tamil Nadu Manual Workers Welfare Board,
Represented by its Secretary,
No.9, Indian Officer Association Building,
2nd Floor, Royapettah,
Chennai – 600 014. … Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to make enquiry of
the website corruption and to take steps to retrieve the date of the employees
deleted from the website tnuwwb.tn.gov.in and further directing the 2nd & 3rd
respondents to avoid the employees to appear before the Assistant
Commissioner of Labour in concerned for registration of membership.
For Petitioner : Mr.C.Samivel
For Respondents : Mr.P.Sanjay Gandhi,
Government Advocate
Mr.Kumar Jayant,
Additional Chief Secretary to Government,
Labour Welfare and Skill Development,
Chennai – 600 009 (Appeared)
*****
ORDER
This petition is filed to direct the respondents to make enquiry of the 2/9 https://www.mhc.tn.gov.in/judis W.P.No.7164 of 2024 website corruption and to take steps to retrieve the date of the employees deleted from the website tnuwwb.tn.gov.in and further directing the 2nd & 3rd respondents to avoid the employees to appear before the Assistant Commissioner of Labour in concerned for registration of membership.
2.This Court vide order dated 22.03.2024 passed a detailed order directing the Additional Chief Secretary to Government of Tamil Nadu, Department of Labour Welfare and Skilled Development to file an affidavit on the steps taken to retrieve the data of the 70 lakhs workers/labourers and in the interregnum, the steps proposed to be taken to ensure that the beneficiaries are not deprived of the benefits of the various schemes and also directed the Additional Chief Secretary, Government of Tamil Nadu, Department of Labour Welfare and Skilled Development, St.George For, Secretariat, Chennai – 600 009 to appear before this Court on 27.03.2024 along with the aforesaid affidavit.
3.The Additional Chief Secretary to Government of Tamil Nadu, Department of Labour Welfare and Skilled Development is present before this Court and he has produced a copy of the affidavit filed by 3/9 https://www.mhc.tn.gov.in/judis W.P.No.7164 of 2024 him. From a reading of the affidavit of the Additional Chief Secretary to Government of Tamil Nadu, it is seen that all the grievances of the writ petitioner are addressed and even, the learned counsel for the petitioner admits and acknowledges the same. It is stated that as part of the restoration, the application and entire database was restored without any loss of data of membership. In the affidavit it is clarified that the application is fully live and brought back to normal operation from 26.12.2023. It is now hosted in Tamil Nadu state Data Center Cloud. Only the scanned files that were attached with every application were lost in the process. It is reiterated that the database and the applications are fully intact and hence details of all registered applicants and the status of various applications are available. Now registration process and sanction of various welfare measures is continuing. It is further stated that the circular issued by the second respondent clarifies that there is no need of collecting documents for already approved applications as the documents were collected / captured only for verification and approval. Since approval were already given, there is no need for resubmitting of documents. It is stated that on the day of disruption of services i.e., on 01.12.2023 the total number of pending applications were 91,926. As on 15.03.2024, out of the 91,926 applications, 60,365 4/9 https://www.mhc.tn.gov.in/judis W.P.No.7164 of 2024 applications were already approved and only 31,561 applications were pending for approval for want of re-submission of documents from the workers. After restoration of the application and servers i.e., from 26.12.2023 onwards 2,27,823 new applications were received, out of which 94,363 applications were approved and 1,33,460 applications were in different stages of processing & pending for approval. It is therefore submitted that the online web application is fully functional, normalcy is restored and all claim processing is happening smoothly. The Additional Chief Secretary to Government further submitted that proactive measures are taken by the Government to ensure that the workers are not put to any hardship and that the processes adopted by the Government are detailed at paragraph No.16 of their affidavit, which are as follows:
a. Circular issued clearly mentioning that fresh documents are not to be collected for applications which were already approved.
b. Circular issued for setting up of special help desk in all offices of the Assistant Commissioner of Labour (SSS) to collect the documents for the applications which are pending for approval.
c. The Integrated Application Software for Unorganised Workers Welfare Board is already integrated with e-Sevai. This 5/9 https://www.mhc.tn.gov.in/judis W.P.No.7164 of 2024 is to enable the workers to submit the documents directly from any e-sevai centre’s which is available in every single village/ towns. There are around 38,292 e-Sevai centres available in the state. Of which 23,361 are in rural areas and 14,931 are in urban areas. The complete list of e-sevai centres being operated by various agencies are annexed herewith and marked as ANNEXURE R/2.
d. The processing fee in e-sevai centres for collection of additional documents are waived by the government. The workers can avail these services, without cost and can submit the relevant documents from anywhere of their convenience. The training for the e-sevai application is given to all district e- District Managers and being provided to e-sevai operators.
e. Since the online application of the department is web- based, the users can access the portal from any Internet kiosk or laptop/ desktops with internet.
f. Apart, the OTP option is removed for individual beneficiaries towards uploading their documents.
g. The information for resubmission of documents to specific applicant is sent to the worker concerned by automated SMS. The lost documents to the previously approved applications would be obtained from the workers in the course of future claims.
h. The workers could upload the documents in the portal from anywhere at any time. Also, the department came forward 6/9 https://www.mhc.tn.gov.in/judis W.P.No.7164 of 2024 with the help desk formed in all offices of the Assistant Commissioner of Labour (SSS) to collect the required documents and upload to speed up the process of application and provide welfare scheme assistances. In this regard, wide publicity were made in their dailies. The Trade Unions were also informed by the Assistant Commissioner of Labour (SSS) to avail this facility in uploading the required documents."
The Petitioner accepts that his grievances are redressed in Para 16.
4.In view of the above facts, the writ petition stands disposed of. This Court places on record its appreciation of the efforts of the Additional Chief Secretary, Government of Tamil Nadu, Department of Labour Welfare and Skilled Development, St.George Fort, Secretariat, Chennai – 600 009 in addressing the issue. However, there shall be no order as to costs.
27.03.2024 Index : Yes / No Internet : Yes / No ah To
1.The Additional Chief Secretary, Government of Tamil Nadu, Department of Labour Welfare and Skill Development, St.George Fort, Secretariat, Chennai – 600 009.
2.The Commissioner of Labour, O/o. Commissioner of Labour, No.259, DMS Building, Anna Salai, Teynampet, Chennai – 600 006.
7/9 https://www.mhc.tn.gov.in/judis W.P.No.7164 of 2024
3.The Deputy Commissioner / Executive Officer, Tamil Nadu Constructions Welfare Board, No.8, Valluvar Kottam High Road, Nungambakkam, Chennai – 600 034.
4.Tamil Nadu Manual Workers Welfare Board, Represented by its Secretary, No.9, Indian Officer Association Building, 2nd Floor, Royapettah, Chennai – 600 014.
5.Tamil Maanila Amaippusara Kattida Thozhilalargal Sammelanam, Rep. by its General Secretary, Mr.A.Kathirvel, Office at No.9, Mariamman Koil Street, Jagir Kamanaickenpatti, Salem – 636 302.
N.MALA, J.
ah W.P.No.7164 of 2024 8/9 https://www.mhc.tn.gov.in/judis W.P.No.7164 of 2024 27.03.2024 9/9 https://www.mhc.tn.gov.in/judis