DATED: 13.09.2019 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10901 of 2004
R.Vijayakumar
M.Jagadeesan ..Petitioners Vs.
The Commissioner, Vellore Municipality, Vellore.
The Presiding Officer, Labour Court, Vellore. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue the Writ of Certiorarified mandamus after calling for the records relating to the order dated 22.01.2004 of the second respondent in C.P.No.13 and 14 of 2002, quash the same consequently direct the first respondent to pay the amount as claimed in the claim petitions, award costs. For Petitioners: Mr.V.Ajay Khose For Respondents: Mr.K.R.Tamizhmani [R1] Labour Court [R2] ORDER The writ petition on hand is filed challenging the order dated 22.01.2004 passed in C.P.No.13 and 14 of 2002.
The petition was filed by the workmen claiming overtime wages and further to provide weekly holidays and in lieu of weekly holidays, monetary compensation is to be paid. The Labour Court rejected the claim on the ground that the performance of essential services, weekly holidays in a routine manner may not be possible and on rotation, the holidays may be granted, considering the working hours and other criteria.
The learned counsel appearing for the respondents made a submission that both the writ petitioners have reached the age of superannuation long back. https://hcservices.ecourts.gov.in/hcservices/
Under these circumstances, the learned counsel for the writ petitioner states that the rights of the workmen in this regard, may be protected.
Taking into all these facts, this Court is of the considered opinion that the statutory right are to be protected and the holidays as contemplated under the Regulations of the Service Rules, is to be provided. At the outset, the rights of these workmen under Service Rules are to be provided by the respondents and equally, the workmen are also duty bound to perform their duty. This apart, the order passed in the writ petition would not stand in the way of the workmen in claiming rights in the manner known to law.
With these observations, the writ petition stands disposed of. No costs. sni Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
The Commissioner, Vellore Municipality, Vellore.
The Presiding Officer, Labour Court, Vellore. +1cc to Mr.V.Ajoy Khose, Advocate, SR.No.79028 W.P.No.10901 of 2004 Kak(20/11/2019) https://hcservices.ecourts.gov.in/hcservices/