IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:22.01.2011 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.27480 of 2010 and M.P.No.1 of 2010 Dr.Ambedkar MPT and DLB Employees Union, Rep. by its Secretary A.Kannabiran, having office at No.AP 261, 11th East Cross Street, M.K.B.Nagar, Chennai - 600 039. ... Petitioner Vs. The Chairman, Chennai Port Trust, Rajaji Salai, Chennai - 1. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of mandamus directing respondent to forthwith extend the benefit of the judgment in W.P.No.6635/2005 etc., dated 09.07.2010 to the members of the petitioner union being remaining employees of MDLB who are also similarly situated, whereby and whereunder direction was given to the respondent to pay gratuity after taking into account piece rate earnings under the terms wages and pay them the monetary benefits and pass such further orders. For Petitioner :Mr.K.Raja For Respondent :Mr.R.Karthikeyan ORDER
The petitioner has filed the present writ petition seeking issuance of writ of mandamus directing respondent to forthwith extend the benefit of the judgment in W.P.No.6635/2005 etc., dated 09.07.2010 to the members of the petitioner union, who are the remaining employees of Madras Dock Labour Board and also similarly placed persons in W.P.6635/2005 etc.
2. Learned counsel appearing for the petitioner submits that the employees of the MDLB, who were employees under the Madras Dock Labour Board, got merged with the Chennai Port Trust in pursuance of the agreement dated 25.05.2001. After the merger took place, the employees of the MDLB had also reached the age of superannuation and even after their retirement on reaching the age of superannuation, at the time of calculating the gratuity, the piece rate earnings was not taken into account. Therefore, the learned counsel appearing for the petitioner seeks a direction to the respondent to calculate the proper piece rate earnings on the individual retired employees and thereafter, to work out the gratuity and effect the same on the basis of the orders passed by this Court in W.P.No.6635 of 2005 etc., dated 09.07.2010 to all the members of the petitioner’s union.
3. The said prayer made by the learned counsel for the petitioner was objected by the learned counsel for the respondent saying that when the petitioner’s union approached the respondent for the purpose of proper payment of gratuity including the piece rate earnings of each employees, they have not given any particulars by individually, therefore, it would be very difficult to calculate piece rate earnings of the employees of the petitioner’s union.
Further, it was submitted that if the individual representation is given by the employees of the petitioner’s union by properly setting out the correct details, like, name of the employees, number of years worked, the date of retirement, etc., the same would be properly considered on merits by the respondent.
4. Recording the statement made by the learned counsel for respondent, the petitioner’s association is directed to advise the individual employees to submit proper application by setting out the correct details as to how they are entitled to the gratuity including the piece rate earnings within two weeks from the date of receipt of a copy of this order. On receipt of such application that would be submitted by the individual employee, the respondent is directed to consider the same on merits within eight weeks thereafter.
5. With the above direction, the present writ petition is disposed of. No Costs. M.P.No.1 of 2010 is closed.
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To
The Chairman,
Chennai Port Trust,
Rajaji Salai,
Chennai 1
