1 BEFORE THE MADURAI BENCH OF MADRAS HIGHCOURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.2634 of 2011 C.Balasubramanian ... Petitioner Vs. 1.The Public Information Officer, Tamil Nadu Construction Labourers Welfare Board, No.8, Valluvarkottai High Road, Nungambakkam, Chennai – 600 034. 2.The Secretary Tamil Nadu Construction Labourers Welfare Board, No.8, Valluvarkottai High Road, Nungambakkam, Chennai – 600 034. 3.The Labour Officer, (Social Protection Project), Thanjavur at Kumbakonam. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to consider and dispose of the application of the petitioner which is pending in file No.46040/2008 on the file of the 2nd respondent for grant of financial assistance for education to the petitioner''s daughter Ms.B.Sonia, within a reasonable time. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.M.Govindan (Spl.Govt.Pleader) O R D E R The petitioner is the member of the Tamil Nadu Construction Labourers Welfare Board, Chennai. He sent representations dated 18.02.2010, 15.03.2010 and 30.03.2010 to the Board, seeking for Educational allowance for his daughter's education for having passed 10th Standard. In response to the representations, the Public Information Officer, attached to the Construction Labourers Welfare Board, informed the petitioner by a communication, dated 09.04.2010, stating that the petitioner's request was sent to the Inspector of Labour, Thanjavur on 05.11.2008. Therefore, he was directed to approach the said office. The petitioner sent a legal notice through his counsel, dated 09.08.2010, to the Labour Officer, Social Protection Project, Thanjavur at Kumbakonam stating that because of the delay in sanctioning the loan, his daughter is affected and further assistance is not available for pursuing the plus two course. 2.The petitioner was informed by the 3rd respondent that their office has been functioning only from 01.11.2008 and whether any such request made by the petitioner was available with the Office of the Inspector of Labour, Thanjavur, has been enquired into and as soon as https://hcservices.ecourts.gov.in/hcservices/ 2 such details are obtained, the petitioner will suitably informed. It is at this juncture, the petitioner has filed the present writ petition, seeking for a direction to consider and dispose of the petitioner's application, which is pending on the file of the second respondent. 3.When the matter came up on 07.03.2011, Notice regarding Admission was given. Pursuant to the notice, the 3rd respondent has filed a counter affidavit, dated 25.04.2011. In the counter affidavit, in paragraphs 4 and 5 it is averred as follows:- "4. It is respectfully submitted that as per the petitioner's statement he has submitted his application to the Secretary, Tamil Nadu Construction Workers Welfare Board, Chennai for educational assistance for his daughter during March 2008-2009. The Board in his letter No.N/104608/07 dated 05.11.2008 forwarded the application to the Inspector of Labour, Thanjavur for further verification and admittance. The Inspector of Labour, Thanjavur, forwarded that application to the Assistant Inspector of Labour, Pattukottai for enquiry by Memo No.B/121/08, dated 17.11.2008. 5.It is respectfully submitted that at that period the Government formed District Level Officers for dealing with the activities of board at District level such as registration of workers, issue of ID Cards, sanction of welfare assistance etc., vide G.O.ms.no.124 Labour and Employment dated 24.10.2008. As per the above said G.O., the District Level Office was formed in Kumbakonam and started functioning from 01.11.2008 onwards. At that period all the pending claim applications which are pending with unit officers were required to be pooled at District Office at Kumbakonam." 4. Further, it is stated that the petitioner's earlier application was not available in their office. Therefore, the petitioner was informed on the basis of a photo copy of the claim application, they are willing to sanction the educational assistance. In the light of the stand taken by the respondents, it is for the petitioner to approach the 3rd respondent and claim the amount. 5.With these observations, the writ petition stands disposed of. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 TO 1.The Public Information Officer, Tamil Nadu Construction Labourers Welfare Board, No.8, Valluvarkottai High Road, Nungambakkam, Chennai – 600 034. 2.The Secretary Tamil Nadu Construction Labourers Welfare Board, No.8, Valluvarkottai High Road, Nungambakkam, Chennai – 600 034. 3.The Labour Officer, (Social Protection Project), Thanjavur at Kumbakonam. +1cc to The Special Government Pleader, SR.No.36114 MPK GH : 02.11.2011 : 3p/5c W.P.(MD)No.2634 of 2011 18.10.2011 https://hcservices.ecourts.gov.in/hcservices/