ASSISTANT EXECUTIVE ENGINEER Vs. U ESAKKI

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of certiorari to call for the records of the 10th respondent, passed in G. O. No. (D)448 dated 30. 5. 1996 in order to implement the award passed by the 9th respondent, the Labour Court, Tirunelveli, in C. P. No. 139 of 1992 dated 18. 7. 1994 and to quash the same.

(2.) THE case of the petitioner is that the respondents 1 to 8 were employed as Mazdoor category under the Nominal Muster Roll and were paid for the work attended by them; that they were engaged by the TWAD Board, whenever new schemes were initiated they could be terminated from service without giving prior notice; that the respondents 1 to 8 filed a claim petition before the 9th respondent, the Labour Court, Tirunelveli, stating that they had worked for 30 days in a month and that they were paid additional remuneration of 30% in total wages since 1978 and that since the petitioner had refused to pay such additional remuneration they are entitled for compensation and interest @ 12% for belated payment; that the learned Labour Judge passed an award dated 18. 7. 1994 made in C. P. No. 139 of 1992 in favour of the respondents 1 to 8; that the respondents 1 to 8 had filed an application to recover the amount as awarded in C. P. No. 139/92 dated 18. 7. 1994 which had been duly published in the Tamil Nadu Government Gazette under Labour and employment Department vide G. O. (D) No. 448/dt. 30. 5. 1996 to recover the sum due under the Revenue Recovery Act; that the 11th respondent is initiating the proceeding under the Revenue Recovery Act to recover the sum as awarded in the said claim petition.

(3.) THE further case of the petitioner is that the work which had been looked after by the Office of the Assistant Executive Engineer Urban Sub-Division, Tirunelveli was entrusted to the Office of the Assistant Executive Engineer, Maintenance Sub-Division, Kovilpatti during the month of May, 1995; that the 30% additional remuneration will be given only to the NMR workers who are working in rural areas; that since the respondents 1 to 8 were regularised through proceeding No. 807/e2/92/dt. 9. 3. 1995 with effects from the date of the completion of 2 years of service, i. e. respectively from 25. 2. 84, 25. 2. 84, 15. 12. 84, 2. 12. 84, 24. 6. 78 and 5. 12. 84 for a consolidated pay of Rs. 1,000/- they are not entitled for 30% additional remuneration irrespective of the area they worked.