R.Rishwan Khan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY R.RISHWAN KHAN ... Petitioner Vs 1.

THE COLLECTOR RANIPET DISTRICT, RANIPET COLLECTOR OFFICE, RANIPET-632 401.

2. THE THAHSILDHAR WALAJAH TALUK, RAFI NAGAR 1ST MAIN ROAD, WALAJAH, RANIPET DISTRICT-632 513.

3.

THE MANAGEMENT FAIZAN TANNING INDUSTRIES, NO.118/119, MBT ROAD, VC MOTTUR, RANIPET DISTRICT- 632 491. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to recover the amount as per the recovery certificate No.C1/1537/2023 (PG No.36/2021) dated 13.12.2023 issued by the Authority under the Payment of Gratuity Act 1972 and pay it to the petitioner.

1/4

For Petitioner : Mr.S.T.Varadarajulu For R1 & R2 : Mr.K.Surendran Additional Government Pleader.

ORDER

In view of the relief that is sought for in the writ petition, the writ petition is disposed of at the admission stage without notice to the third respondent.

2. Mr.K.Surendran, the learned Government Advocate takes notice for the respondents 1 & 2.

3. It is the case of the petitioner that he has already obtained an award from the Authority under the Payment of Gratuity Act in P.G.No. 36 of 2021, directing the third respondent management to pay a sum of Rs.1,65,577/- with further interest at the rate of 10% per annum. Since the amount was not paid thereafter, the petitioner has also obtained a recovery certificate dated 13.12.2023 issued by the Authority, which has been presented before the first respondent for recovering the same as if it were an arrears of land revenue. When the order of the Appropriate Authority under the Payment of Gratuity 2/4

Act has become final and when the recovery certificate has also been issued, it is the duty of the first respondent to take up the matter and recover the amount expeditiously and paying it out to the Workman.

4. In view thereof, this writ petition is disposed of with a direction to the first respondent to act upon the recovery certificate dated 13.12.2023 bearing reference No.C1/1537/2023 (PG No.36/2021) and initiate proceedings in accordance with law and recover the amount due in the manner known to law, not later than four months from the date of receipt of the websiteuploaded copy of this order without waiting for the certified copy of the order. No costs.

27.01.2025 nsl 1.

THE COLLECTOR RANIPET DISTRICT, RANIPET COLLECTOR OFFICE, RANIPET-632 401.

2. THE THAHSILDHAR WALAJAH TALUK, RAFI NAGAR 1ST MAIN ROAD, WALAJAH, RANIPET DISTRICT-632 513.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 27.01.2025 4/4