N. Paul Vasanthakumar, J.

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 Section 43 read with Section 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, Section 23 of the General Clauses Act, 1897 has to be followed in the strict sense viz., the procedure prescribed thereunder.

4. Mr.N.Vijay Narayan, learned Senior Counsel appearing for the appellants initially argued that before the draft notification was issued in G.O.Ms.No.65, Labour and Employment Department dated 25.4.2005, no prior permission/approval was obtained from the Central Government. To verify the said fact, this Court called for the files and the approval granted by the Ministry of Labour and Employment, Government of India, dated 28.2.2005 was produced before this Court and the same was also allowed to be perused by the learned Senior Counsel appearing for the appellants and he was very much satisfied with the said approval granted. The learned Senior Counsel thereafter argued that after the draft amendment was issued in G.O.Ms.No.65 Labour and Employment Department dated 25.4.2005, appellants prayed for dropping the proposal of appointment of Welfare Officer in plantations and the said objections were also received by the first respondent on 24.6.2005 as per Speed Post acknowledgment. The learned Senior Counsel also submitted that one other association viz., United Planters Association, Southern India, also submitted their objections on 2.11.2005. The learned Senior Counsel contended that without forwarding the said objections to the Central Government, the State Government issued the impugned G.O.Ms.No.183 Labour and Employment Department dated 28.12.2006 by amending the Tamil Nadu Plantation Labour Rules, 1955 and the said procedure adopted viz., not placing the objections before the Central Government for its consideration, which is mandatory as per Section 23 of the General Clauses Act, 1897 is not sustainable. The learned Senior Counsel fairly submitted that in this appeal he is not pressing any other point, except the issue of not placing the objections submitted by the appellants before the Central Government prior to issuance of the Government Order impugned before the learned Single Judge. The said submission is recorded. In support of the said contention, learned Senior Counsel relied on the judgment of the Supreme Court reported in AIR 1972 SC 892 : (1972) 1 SCC 696 (Municipal Corporation, Bhopal v. Misbahul Hasan).

5. Mrs.A.Shrijayanthi, learned Special Government Pleader on perusing the files maintained by the first respondent/Government of Tamil Nadu submitted that the objections received from the appellants have not been sent to the Central Government and the Tamil Nadu Government itself overruled the objections and passed the impugned Government Order. The learned Special Government Pleader further submitted that not forwarding the objections to the Central Government is only a procedural violation and the impugned order having been issued for the welfare of the