Tamil Nadu Labour Subordinate Officers Association v. Government of Tamil Nadu

ORDER This Writ Petition has been filed for the following reliefs:- "directing the respondents to conduct counseling for the transfer of employees, who have been transferred under the proceedings of the 2nd respondent in No.E2/ 13886/ 2026 dated 30.06.2026 and No.E4/ 18195/ 2026-1, E4/ 18195/ 2026-2, E4/ 18195/ 2026-3, E4/ 18195/ 2026-4 dated 10.07.2026 as being done in other government departments.

¶2It is the case of the petitioner that the first respondent issued G.O.Ms.No.51, Labour and Employment Department, dated 21.03.2017, prescribing guidelines for transfer and posting of employees in the Subordinate Labour Department. The said guidelines were subsequently amended by G.O.Ms.No.178 dated 05.11.2020.

¶3The Government Order classifies the offices of the Labour Department into Enforcement Wing, Service Wing and Administrative Wing, and prescribes specific norms for transfer and posting of employees. As per the guidelines, an Assistant Inspector of Labour, Deputy Inspector of Labour or Stamping Inspector, on completion of the prescribed tenure in a particular category of Page3 of 6 station, is required to be transferred to another category or to a non-sensitive post. The guidelines also contemplate that transfers should be effected in accordance with the prescribed norms and after considering the availability of vacancies and other relevant factors.

¶4While so, the second respondent issued proceedings in No.E2/13886/2026 dated 30.06.2026 and Proceedings Nos.E4/18195/2026-1 to E4/18195/2026-4 dated 10.07.2026, transferring about 267 employees in the cadres of Assistant Inspector of Labour, Stamping Inspector, Superintendent and Deputy Inspector of Labour on the ground of administrative reasons. According to the petitioner, the impugned transfers have been effected in violation of the transfer guidelines contained in the above Government Orders and without following a transparent counselling process.

¶5The petitioner would submit that the transfers have been effected in the middle of the academic year, causing serious hardship to the employees and their families. Several employees have been transferred to places situated 200 to 500 kilometres away from their present stations. Even requests for transfer on medical grounds have not been considered. Therefore, the petitioner submitted a representation dated 08.07.2026 to the second respondent requesting reconsideration of the transfers and for conducting transfer counselling, as Page4 of 6 followed in several other Government Departments. However, no action has been taken on the said representation. On the contrary, the transferred employees have been directed to join their respective new stations immediately, failing which disciplinary action would be initiated against them. Therefore, aggrieved by the arbitrary action of the respondents, the petitioner has approached this Court seeking the reliefs stated supra.

¶6Heard the learned counsel on either side and perused the records.

¶7Considering the limited relief sought by the petitioner and in the absence of any serious objection from the learned counsel appearing for the respondents, this Court, without going into the merits of the case, directs the respondents to consider and pass appropriate orders on the petitioner's representation dated 08.07.2026, on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.

¶8Accordingly, the writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 22-07-2026 Index: Yes/No Speaking/Non-speaking order SHR Page5 of 6 P.T.ASHA J. SHR To

¶1Government of Tamil Nadu Rep. by its Secretary, Labour Department Chennai-600 009

¶2The Labour Commissioner Anna Nagar, Chennai-600 040 AND WMP NO. 31210 OF 2026 22-07-2026 Page6 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 31210 OF 2026 Tamil Nadu Labour Subordinate Officers Association Rep. by its General Secretary M.Karthikeyan, Having Office at No.31, Padmavathi Nagar, Senthangudi, SS Nalur Post, Mayladuthurai. ..Petitioner(s) Vs 1. Government of Tamil Nadu Rep. by its Secretary, Labour Department Chennai-600 009 2. The Labour Commissioner Anna Nagar, Chennai-600 040 ..Respondent(s) Prayer: -Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to conduct counseling for the transfer of employees, who have been transferred under the proceedings of the 2nd respondent in No.E2/ 13886/ 2026 dated 30.06.2026 and No.E4/ 18195/ 2026-1, E4/ 18195/ 2026-2, E4/ 18195/ 2026-3, E4/ 18195/ 2026-4 dated 10.07.2026 as being done in other government departments. Page2 of 6 For petitioner(s): Mr.N.C.Ashok Kumar for Mr.M.Saravanan For respondent(s): Mr.A R Balaji, GA for R1 and R2.