At, Before the Madurai Bench of Madras High Court
By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
For the Petitioner: No appearance. For the Respondent: D. Sivaraman, Standing Counsel.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to pay the amounts deducted from the retired employees as per the list furnished by the respondent by its information dated 23.08.2008 with 18% interest per annum from 12.09.2006.)The writ petition was listed for hearing on 06.10.2020 and none appeared for the writ petitioner both in physical and virtual. Again it was adjourned to 08.10.2020 and on that day, this Court passed an order that 'there was no representation on behalf of the writ petitioner either through video conferencing or through physical hearing and the writ petition is kept pending for about 7 years. Sufficient facilities are provided to the litigant and for the learned counsel to appear before this Court either through virtual hearing or through physical hearing and inspite of that, there was no appearance. The Registry was directed to issue notice to the petitioner directing him either through appear in person or through video conferencing enabling this Court to proceed with the case. '2. When the matter is taken up today i.e., 05.11.2020, none appeared for the writ petitioner. Thus, the learned counsel for the respondent is permitted to argue the matter.3. The relief sought for in the present writ petition is that to direct the respondent to pay the amount deducted from the retired employees as per the list furnished by the respondent by its information dated 23.08.2008 with 18% interest per annum from 12.09.2006.4. The prayer sought in the present writ petition is general in nature and the grievance of recovery is concerned, it is an individual one. Thus, the learned counsel for the respondent contended that the writ petition filed by the Retired Employees' Welfare Association challenging the recovery of the entire retired employees is not maintainable. This apart, it is not made clear whether the list of persons enclosed are members of the petitioner Retired Employees' Welfare Association. Thus, the petition is devoid of merits.5. The petitioner has stated in the affidavit that the petitioner association is the registered association and the members of the association are the retired employees of Transport Corporation. The employees, who were working in the State Transport Corporation, resorted to demanding new wage settlement increased bonus and other service benefits. They went on strike for some period and no salary was paid to the employees during the strike period. Thus, the writ petitioner association is constrained to file the present writ petition to pay the recovered salary, which were deducted during the strike period from the employees of the Transport Corporation, who are all retired from service.6. This Court is of the considered opinion that in such circumstances with reference to the strike period the principle of 'no work no pay' would be applicable and the members of the petitioner association are the retired employees and if at all, they are aggrieved, they are bound to approach the Court individually. Such a general prayer cannot be entertained with reference to the recovery of salary from the employees, who are all now retired from service. The recovery of salary from an employee is an individual grievance and further, writ petitioner association is the Retired Employees' Welfare Association. Thus, the grievance cannot be redressed by filing a single writ petition and the aggrieved persons are at liberty to approach
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the Court challenging the order of recovery, if any passed or for any other relief as deem fit.7. This being the principle is to be followed, the prayer as such sought for in the present writ petition is not entertainable and the petitioners are at liberty to redress their grievance in the manner known to law.8. With the aforesaid liberty, the Writ Petition stands disposed of. No costs.