In a major ruling that will bring relief to plantation owners, the Madras High Court has quashed a G.O. of December 2006 ordering appointment of welfare officer in every plantation employing 300 and more workers. The order also prescribed the qualification, duties, conditions of service etc.
A Division Bench comprising Justices N. Paul Vasanthakumar and P.R. Shivakumar passed the judgment on an appeal preferred by The Planters Association of Tamil Nadu and Tea Estates India Ltd., Coimbatore, challenging a single Judge’s order of June 2012.
The appellants counsel argued that after the draft amendment was issued in an earlier G.O. in April 2005, they requested the government to drop the proposal of appointment of welfare officers in plantations. The objections were also received by the Tamil Nadu Labour Department in June 2005.
Without forwarding the objections to the Central government for its consideration, as mandated by law, the State government issued the impugned G.O. of December 28, 2006 by amending the Tamil Nadu Plantation Labour Rules. Not placing the objections before the Centre could not be sustained.
The Tamil Nadu government submitted that objections were not sent to the Centre. It itself overruled the objections and passed the impugned G.O., which was meant for the welfare of plantation labourers.
On June 5, 2012, a single Judge dismissed the writ petition filed by the planters. Hence, the present appeal.
Allowing the appeal, the Bench said the Centre’s approval was mandatory for framing rules by the State government under the Plantations Labour Act. In this case, prior approval was obtained for issuing the draft rules. However, the objections received from planters were not forwarded to the Centre. The same was an error, which went to the root of the matter and against the procedure laid down by law.
The Bench set aside the impugned G.O. and the single Judge’s order. It granted liberty to the State government to forward the objections to the Union Labour Ministry and thereafter proceed as per law.
