LAWS(MAD)-2012-6-17

PLANTERS ASSOCIATION OF TAMIL NADU Vs. SECRETARY TO GOVERNMENT LABOUR & EMPLOYMENT DEPARTMENT GOVERNMENT OF TAMIL NADU CHENNAI

Decided On June 05, 2012
PLANTERS' ASSOCIATION OF TAMIL NADU, 42, A.T.T. COLONY, COIMBATORE Appellant
V/S
SECRETARY TO GOVERNMENT, LABOUR AND EMPLOYMENT DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST. GEORGE, CHENNAI Respondents

JUDGEMENT

(1.) WHETHER the action of the State Government in notifying Section 18 of the Plantations Labour Act, 1951 (for short PL Act) and directing appointment of Welfare Officers in respect of plantations engaging 300 or more workers by virtue of the impugned notification, dated 28.12.2006 is liable to be set aside by this court ? Is the issue involved in this writ petition.

(2.) SECTION 18 of the PL Act reads as follows :

(3.) PURSUANT to the notification, the rules relating to appointment of Welfare Officers were incorporated as Rules 85 to 90 under Chapter VIII of the Tamil Nadu Plantations Labour Rules, 1955. The first petitioner representing plantation owners covered by the notification along with one plantation management have filed the present writ petition challenging the Government Order in directing plantations to appoint Welfare Officers in case they employ 300 or more workers in terms of the rules so framed.