IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2025

CORAM

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.42035 of 2025

and

W.M.P.No.47085 of 2025

Meena ... Petitioner

Vs.

1.The State of Tamil Nadu

Rep by its Principal Secretary to Government,

Labour and Employment Department,

Fort St. George, Chennai – 600 009.

2.The Commissioner of Labour,

Labour Department,

Teynampet, Chennai – 600 006.

3.The Assistant Commissioner of Labour,

Tamil Nadu Construction Worker Welfare Board,

(Social Security Scheme),

Salem – 636 005.

Salem District.

4.The Tamil Nadu Unorganized Worker Welfare Board,

Rep by its Chairman / Secretary,

RR Complex, Anna Street,

Gandhi Nagar, Avadi,

Chennai – 600 054.

5.The Administrative Officer, The Tamil Nadu Construction Worker Welfare Board, No.8, Valluvar Kottam High Road, Nungambakkam, Chennai – 600 034. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned rejection order passed by the fourth respondent dated 09.10.2024 in Ref: Nil, which has been uploaded in the website and quash the same and consequently direct the respondents to disburse the death compensation a sum of Rs.5,00,000/- for the death of petitioner’s husband in accordance with Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme to her as per the claim application vide TNUWWB0008528440.

For Petitioner : Mr.S.Elayathamizhan For R1 to R3 : Mr.S.Senthilmurugan Special Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the fourth respondent dated 09.10.2024, quash the same and consequently direct the respondents to disburse the death compensation of a sum of Rs.5,00,000/- for the death of the petitioner’s husband in accordance with the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme to her vide the application bearing number TNUWWB0008528440.

2. The learned counsel for the petitioner submits that the grievance of the petitioner is that the petitioner’s husband Kumar went for the construction works with reference to drilling and demolishing works along with the co-workers in the bridge at Swarnapuri Bharathi Street, Omalur Main Road, Salem city. During the course of the work, due to collapse of the structure, the petitioner's husband died on 31.08.2020 at 6:30 PM. On the same day, a case was also registered in Crime No.1132 of 2020 by the Fairlands Police Station for the alleged offence under Section 304-A IPC. Thereafter, when an application is made for grant of benefit under the scheme framed under the Act namely the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, for grant of death benefit for a sum of Rs.5,00,000/- to the nominees of the family of the deceased construction worker, the same was rejected by the impugned order. The petitioner's husband is a construction worker and being the welfare scheme, the same should not have been rejected. The term manual worker includes the hammer man in S.No.16 and other categories of workers involved in any building operations and therefore the 4^th respondent is not correct in rejecting the plaint. As a matter of fact, the petitioner's claim should also been allowed by referring to G.O.Ms.No.67 dated 06.05.2021, but however it is rejected.

3. Per contra, learned counsel appearing on behalf of the 4^th respondent would submit that it is true that upon perusal of the First Information Report it can be seen that the petitioner's husband being a manual worker died by way of an accident in the course of the employment, however the benefits have to be disbursed as per the scheme. Even though the scheme was originally framed in the year 1994 vide G.O.Ms.No.198 dated 04.10.1994. Only on 09.06.2021 the G.O.Ms.No.67 dated 06.05.2021 was notified in the Tamil Nadu Government Gazette No.23, whereby the expression ‘demolition’ was also included in the scheme document and only from the said date i.e. from 09.06.20