R.RAMADAS Vs. NLC INDIA LTD.

JUDGEMENT

(1.) The relief sought for in the present writ petitions is to call for the records of the circular of the 2nd Respondent in Ref. Lr. No./CORP/HR/IR/709/1931/2019 dated 21.05.2019 and quash the same and consequently, direct the Respondents 1 to 3 to pay to the petitioner the difference in the minimum wages commencing from 19.01.2017 to be inturn paid to the supervisors engaged by the petitioner under the Agreement entered between the petitioner and the 3rd Respondent in accordance with the notifications of the 6th Respondent under S.O 187 (E) dated 19.01.2017 as amended by SO 1136 (E) dated 10.04.2017 together with EPF, bonus, paid holidays, 5% of safety components and workman compensation accident insurance premium to AMC and Non AMC works, within a reasonable time fixed by this Court.

(2.) The learned Senior Counsel appearing on behalf of the writ petitioners made a submission that during the pendency of the writ petitions, more so recently, the NLC India Limited issued a circular in Circular No.CORP/HR/709//CVV.SVV/2019-2 dated 01.11.2019. The circular is issued regarding existing / running Biennial maintenance, Contracts, payment of Supervisory charges and accordingly, modified guidelines were issued. As per the modified guidelines, the following instructions are issued in para 2 and 3 which are extracted hereunder:

(3.) However, in respect of few contractors, who have already filed cases in the Hon'ble High Court of Madras with regard to payment of supervisory charges, which is pending for disposal, the payment of difference in supervisory charges applicable as above, shall be made only as per the directions of the Hon'ble High Court of Madras. This issues with the approval of Competent Authority. 3. In view of the fact that the grievance of the petitioners are redressed by way of the modified guidelines, this Court is of the opinion that no further consideration is required in respect of the grounds raised in the present writ petitions. In respect of the said circular, the learned counsel appearing on behalf of the NLC Limited verified that, the circular was issued and is in force. This being the factum, the respondents are directed to extend the benefit with reference to the modified circular in proceedings dated 01.11.2019 to all the petitioners and by following the procedures contemplated.