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2025 DAILYLAW 19105 (MAD)

S.MURUGAN v. CHIEF SECRETARY

WP/5506/2025 · 2025-02-18

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P.Nos.5506, 5509 and 5512 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.5506, 5509 and 5512 of 2025 S.Murugan President, SPINCO Labour Union (SLU) ... Petitioner in W.P.5506/2025 V.Sivasankaran ... Petitioner in W.P.5509/2025 S.Durailingam Secretary, Spinco Bharatiya Thozhilalar Sangam ... Petitioner in W.P.5512/2025 Vs. 1.Chief Secretary, Government of Puducherry, Puducherry. 2.Secretary to Co-operative Societies, Chief Secretariat, Government of Puducherry, Puducherry. 3.Secretary to Government, Labour Government of Puducherry, Puducherry. 4.The Labour Commissioner, Labour Department, Government of Puducherry, Puducherry. 1/6 https://www.mhc.tn.gov.in/judis W.P.Nos.5506, 5509 and 5512 of 2025 5.The Registrar of Co-operative Societies, Cum Administrator, The Pondicherry Co-op Spinning Mill Employees Co-operative Credit Society Ltd., Government of Puducherry, V.V.P.Nagar, Thatanchavady, Puducherry – 605 009. 6.The Labour Officer (Conciliation) Labour Department, Nehru Nagar, Puducherry. 7.Managing Director, Pondicherry Spinning Mills, Thirubhuvanai, Pondicherry. ...Respondents in all the W.Ps. Common Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to pay the pending Bonus as per the Payment of Bonus Act, 1965 for the employees accrued during the period of 2017-2018, 2018-2019, 2019- 2020, 2020-2021, 2021-2022. For Petitioners : Mr.V.Balamurugane For Respondents : Mr.V.Vasanthakumar Additional Government Pleader (P) C O M M O N O R D E R Mr.V.Vasanthakumar, learned Additional Government Pleader (P) takes notice on behalf of the respondents. By consent, the writ 2/6 https://www.mhc.tn.gov.in/judis W.P.Nos.5506, 5509 and 5512 of 2025 petitions are taken up for final disposal at the admission stage itself. 2.These writ petitions have been filed seeking issuance of Writ of Mandamus, to direct the respondents to pay the pending bonus as per the Payment of Bonus Act, 1965 for the employees accrued during the period of 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022. 3.The learned counsel appearing for the petitioners submitted that Bonus for the period of 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022, were not paid to the workers and staff of Pondicherry Co-operative Spinning Mills Limited and in this regard, several representations were made to the authorities concerned especially to the seventh respondent and fourth respondent and the seventh respondent sent letter dated 30.05.2022 to the sixth respondent stating that the mill is unable to make bonus payment from the year 2020-2021 and that the mill has submitted proposal to Government seeking financial assistance for payment of bonus vide letter dated 30.10.2021 and that financial assistance is awaited from the Government and action would be taken to disburse bonus soon after receipt of assistance from Government. Hence, this Court may without going into the merits of the case, issue appropriate direction to 3/6 https://www.mhc.tn.gov.in/judis W.P.Nos.5506, 5509 and 5512 of 2025 the Government. 4.Considering the limited relief now sought for by the learned counsel appearing for the petitioners and in view of the letter of the seventh respondent dated 30.05.2022 sent to the sixth respondent, this Court, without going into the merits of the case, directs the Government to dispose of the letter/ proposal/ representation dated 30.10.2021, within a period of eight weeks from the date of receipt of a copy of this order. 5.The writ petitions are disposed of. No costs. 18.02.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Chief Secretary, Government of Puducherry, Puducherry. 2.The Secretary to Co-operative Societies, Chief Secretariat, Government of Puducherry, Puducherry. 4/6 https://www.mhc.tn.gov.in/judis W.P.Nos.5506, 5509 and 5512 of 2025 3.The Secretary to Government, Labour Government of Puducherry, Puducherry. 4.The Labour Commissioner, Labour Department, Government of Puducherry, Puducherry. 5.The Registrar of Co-operative Societies, Cum Administrator, The Pondicherry Co-op Spinning Mill Employees Co-operative Credit Society Ltd., Government of Puducherry, V.V.P.Nagar, Thatanchavady, Puducherry – 605 009. 6.The Labour Officer (Conciliation) Labour Department, Nehru Nagar, Puducherry. 7.The Managing Director, Pondicherry Spinning Mills, Thirubhuvanai, Pondicherry. 5/6 https://www.mhc.tn.gov.in/judis W.P.Nos.5506, 5509 and 5512 of 2025 M.DHANDAPANI,J. pri W.P.Nos.5506, 5509 and 5512 of 2025 6/6 https://www.mhc.tn.gov.in/judis W.P.Nos.5506, 5509 and 5512 of 2025 18.02.2025 7/6 https://www.mhc.tn.gov.in/judis