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Madras High Court · body

2025 DAILYLAW 36958 (MAD)

K.Vijayan v. Government of India

WP/7977/2020 · 2025-09-11

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.7977 of 2020 .IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.09.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.7977 of 2020 & W.M.P.No.9417 of 2020 K.Vijayan .. Petitioner Vs. 1. Government of India Rep. by its Secretary Ministry of Home Affairs New Delhi. 2. The Secretary Ministry of Labour Labour and Employment Department New Delhi. 3. The Chief Labour Commissioner (Central) New Delhi. 4. The Government of Tamil Nadu Rep. by its Principal Secretary Revenue and Disaster Management Fort St. George Chennai 600 009. ____________ p. 2 W.P.No.7977 of 2020 5. The Secretary to Government of Tamil Nadu Labour and Employment Department Fort St. George Chennai 600 009. 6. The Commissioner of Labour DMS Campus, Teynampet Chennai 600 006. 7. The Deputy Chief Labour Commissioner (Central) Sashtri Bhavan, Haddows Road Chennai 600 006. 8. The Southern Railway Rep. by its General Manager Chennai 600 003. .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the Respondents to take immediate steps to recover and pay the unpaid wages payable for the migrant workers from other states for the pre-lockdown and post -lockdown period and other legal and statutory dues such as PF, Bonus, gratuity, leave Salary, the travel expenses from the place of employment to the place of origin state, etc. payable to them from their employers/industries/factories/establishments; to make immediate arrangements for the safe travel and transportation of all migrant workers who are stranded at various parts and places in the State of Tamil Nadu and who are willing and interested to go back to and reach their home town in other states, free of cost either by train or by other modes with arrangements for masks, food, drinking water, sanitizer, etc, in a time bound manner and to provide shelter, food, ____________ p. 3 W.P.No.7977 of 2020 drinking water, etc. till arrangements are made for their travel; to take action against the establishments and the contractors which/who employed them without registration and without getting licence under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and for having violated the mandatory provisions contained therein and for not extending the various welfare measures and benefits provided thereunder to the migrant workers and to ensure the strict enforcement of the provisions of the Inter- State Migrant Workers Act, 1979 and the rules framed and notified thereunder by the Central and State Governments hereafter. For Petitioner : Mr.V.Ajay Khose For Respondents : Mr.J.Madanagopal Rao for Respondents 1 to 3 & 7 Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.M.Habeeb Rahman Government Advocate for Respondents 4 to 6 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Petitioner raises an issue with regard to necessary steps and measures required to be taken during Covid times. ____________ p. 4 W.P.No.7977 of 2020 2. With the efflux of time, this petition is rendered infructuous. Petition is disposed of as having rendered infructuous. There shall be no order as to costs. Consequently, the interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 11.09.2025 Index : Yes/No Neutral Citation : Yes/No kpl To 1. The Secretary Ministry of Home Affairs New Delhi. 2. The Secretary Ministry of Labour Labour and Employment Department New Delhi. 3. The Chief Labour Commissioner (Central) New Delhi. ____________ p. 5 W.P.No.7977 of 2020 4. The Principal Secretary Revenue and Disaster Management Fort St. George Chennai 600 009. 5. The Secretary to Government of Tamil Nadu Labour and Employment Department Fort St. George Chennai 600 009. 6. The Commissioner of Labour DMS Campus, Teynampet Chennai 600 006. 7. The Deputy Chief Labour Commissioner (Central) Sashtri Bhavan, Haddows Road Chennai 600 006. 8. The Southern Railway Rep. by its General Manager Chennai 600 003. ____________ p. 6 W.P.No.7977 of 2020 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (kpl) W.P.No.7977 of 2020 11.09.2025 ____________