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2015 Supreme(Mad) 27

N.PAUL VASANTHAKUMAR, P.R.SHIVAKUMAR
Planters' Association of Tamil Nadu – Appellant
Versus
Secretary to Government, Labour & Employment Department – Respondent


Advocates:
Advocate Appeared
For the Appellants:N. Vijay Narayan, Senior Counsel for R. Parthiban, Advocate.
For the Respondents: R1 & R2, A. Shrijayanthi, Special Govt. Pleader, R3, Su. Srinivasan, Assistant Solicitor General.

Judgment

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












































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