THE PLANTERS ASSOCIATION OF TAMIL NADU, 42, A.T.T.COLONY, COIMBATORE Vs. THE SECRETARY TO GOVERNMENT, LABOUR & EMPLOYMENT DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, CHENNAI

JUDGEMENT

(1.) This writ appeal is preferred against the order of the learned single Judge dated 5.6.2012, dismissing W.P.No.30368 of 2007.

(2.) The appellants herein viz., The Planters' Association of Tamil Nadu and Tea Estates India Limited, Coimbatore, have filed the writ petition seeking to quash the order issued in G.O.Ms. No.183 Labour and Employment Department dated 28.12.2006, wherein the Government ordered appointment of Welfare Officer in every plantation where 300 and more workers are ordinarily employed, prescribing qualification, duties, conditions of service, etc., in exercise of the powers conferred under sub-Section (1) of Sec. 43 read with Sec. 18 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951) by amending Tamil Nadu Plantations Labour Rules, 1955.

(3.) The primary contention of the appellants before the learned single Judge are that under section 43(3) of the Plantations Labour Act and Rules made thereunder, if made by any Government other than the Central Government, be subject to the previous approval of the Central Government. As prior approval of the Central Government is required, Sec. 23 of the General Clauses Act, 1897 has to be followed in the strict sense viz., the procedure prescribed thereunder.