The prayer in the writ petition is to issue a Writ of Certiorari Mandamus to call for records in respect of the impugned letter in Na.Ka.A/165/2015, dated 03.03.2016 of the second respondent and to quash the same, as null and void and consequently, to direct the respondents to sanction monthly pension to the petitioner from June 2010 and continues to pay the same till his life time under the Tamil Nadu Tailoring workers Social Security and Welfare Scheme 2006.
2. The petitioner is the self employee Tailor. He became a member in Tamil Nadu Tailoring Workers Social Security and Welfare Scheme 2006. The manual worker, whose name has been registered in the Tamil Nadu Manual Workers Welfare Scheme, shall renew his registration before expiry of two years. Unfortunately, the petitioner has not renewed it in time.
3. The petitioner, thereafter renewed it in the year 2008. His request for pension was rejected on the ground that he has to be a member in the Board continuously for a period of not less than five years and he has not renewed between 2002 and 2008.
4. It appears that the Scheme was amended by the Government Order passed in G.O(Ms)No.36, Labour and Employment (1-2) Department, dated 28.02.2011. In pursuant to which, Section 18(1) was amended as follows.
Every register manual worker who has completed 60 years of age is eligible for pension.
8. The above amendment is applicable only those who are completed 60 years of age on or after 28.02.2011. In the case of petitioner, this amendment is not applicable because he completed 60 years of age on 30.05.2010.
5. The fact that the petitioner was eligible to be a member of the Scheme, is not in dispute. Further, the fact that he renewed it in the year 2008, is not in dispute. Admittedly, he has completed the age of 60 years. The scheme is the welfare one. Though the petitioner has not renewed the membership for 5 years continuously, the fact that he is eligible and got himself renewed in the year 2008, would be enough to make him entitled for the scheme benefit. Especially, when Section 18(1) has been amended, thereafter, by removing the restrictions of 60 years, the amendment has to be applied in favour of the petitioner as otherwise it will create a parity between those, who have retired prior and after to the date of the government order.
6. Thus, considering the object of the amendment and taking note of the fact that the petitioner is otherwise entitled to, this Court is inclined to set aside the order impugned.
7. Accordingly, the order impugned is hereby set aside and th writ petition is allowed. Consequently, the respondents are directed to grant pension to the petitioner by treating him on par with those who have retired after 28.02.2011 and pass appropriate orders in this regard within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
20.03.2017 Index:Yes/No ari To
1. The Secretary, Tamil Nadu Manual Workers Social Security and Welfare Board No.G 133, Chinthamani Complex G Block, 1st Main Road, Anna Nagar East, Chennai 600 102.
2. The Labour Officer, Social Security Scheme No.274 D, State bank Lane Ooty, Nilgris (district) M.M.SUNDRESH, J.
ari W.P.No.21348 of 2016 20.03.2017 http://www.judis.nic.in