This Writ Petition is filed to issue a Writ of Certiorarified Mandamus, to call for the records in respect of impugned implementation notice dated 30.7.2004 in No.56-102350-18/Ins.2 of the first respondent and quash the same and direct the respondents 1 to 3 to hear the petitioner Sangh in person before issuing the fresh implementation notice, if any.
2. After hearing the counsel for petitioner and respondents 1 to 3 and in view of the order that is to be passed, the Secretary, Labour and Employment Department, Fort St. George, Chennai-600 009 is added as a party respondent, viz., 4th respondent in the Writ Petition. Mr.V.Manoharan, learned Government Advocate takes notice on behalf of the Secretary, Labour and Employment Department.
3. The petitioner M/s.Udamalpet Sarvodaya Sangh, is Registered under the Societies Registration Act bearing Registration No.38/1977 under the Control of Khadi & Village Industries Commission. The petitioner Sarvodaya Sangh was granted exemption from the application of provisions of the Employees' State Insurance Corporation Act 1948. This exemption was granted under G.O.D1.No.32 Labour and Employment Department dated 7.7.1990 upto 31.3.1991. After expiry of the exemption under the said G.O., there was no inspection by the respondents 1 to 3. On 30.7.2004, first respondent issued a notice to the petitioner to implement the provision of the Act. Challenging the said notice, present writ petition has been filed inter allia contending that the notice is arbitrary and without jurisdiction and that the petitioner Sarvodaya Sangh is not covered by the provisions of the Act.
4. Respondents 1 to 3 have been noticed and appeared through the counsel Mr.Paramasivam and a counter-affidavit has been filed. Learned counsel for the respondents 1 to 3 stated that the writ petition is premature. Petitioner, having filed an application seeking exemption from the provisions of the Act, has rushed to this Court without just or reasonable cause.
5. This Court while admitting the writ petition granted interim stay of the impugned notice in W.P.M.P.No.29560 of 2004 which was made absolute on 28.6.2006.
6. At the time of final hearing, it is stated that the petitioner made an application for exemption, however, the said application has been given to the wrong authority. After filing of the writ petition, it is stated that another application has been submitted to the Government on 17.11.2009 seeking exemption as was given under G.O.D1.No.32 dated 7.7.1990 with retrospective effect. Such application is pending before the authority.
7. The learned counsel for the respondents 1 to 3 stated that the said application dated 17.11.2009 will be considered on merits and disposed off by the authority within a time frame and the authorities will not proceed further in the matter till such time the application seeking exemption is disposed off on merits.
8. Recording the above submission made by the learned counsel for the respondents 1 to 3, the writ petition seeking to quash the impugned proceedings is rejected. The petitioner, however, is directed to pursue the matter before the Government of Tamil Nadu, Labour Department before whom the application for exemption is pending. The petitioner shall also intimate the respondents 1 to 3 the status of the application pending before the Government. On production of a copy of this order, the appropriate authority, viz., the Secretary to Government, Labour and Employment Department is directed to dispose off the application dated 17.11.2009 seeking exemption on its own merits and as per law on or before 26.2.2010. Till such time, (i.e.) the Secretary to Government, Labour and Employment Department dispose off the application filed by the petitioner, the respondents 1 to 3 will not insist on the implementation of the notice under challenge. If the matter is unduly delayed and if the respondents 1 to 3 feel that the matter is delayed at the behest of the petitioner, it is open to them to put the petitioner on notice to comply with the provisions of the Act or to seek exemption within a time frame. Writ Petition stands disposed off with the above observations and directions. No costs.
9. The Secretary to Government, Labour and Employment Department is at liberty to seek extension of time if the issue is not concluded within the time frame as directed by this Court. The Registry is directed to add the Secretary to Government, Labour and Employment Department, Fort St. George, Chennai-600 009 as 4th respondent in the writ petition.