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Madras High CourtWP/847/2019disposed of

H.Sampath Rao, v. The District Collector,

2022-04-18Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. NO. 847 OF 2019 H.Sampath Rao ... Petitioner -vs1. The District Collector Tiruvallur District Office of the District Collector Tiruvallur, Pin 602 001.

2. The Management M/s. Future Polyesters Limited No.1, Kamaraj Salai, Manali Chennai - 600 068.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to recover the Petitioner gratuity and interest amount from the Second Respondent under revenue recovery proceedings as per the certificate dated 30.01.2018 within a stipulated time.

For Petitioner :

Mr. M.Jaikumar For Respondents:

Mrs. C.Sangamithirai (For R1) Special Government Pleader Mr. G.Arumugaraja (For R2)

O R D E R

Heard Mr. M.Jaikumar, Learned Counsel for the Petitioner, Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the First Respondent and Mr. G.Arumugaraja, Learned Counsel appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner in this Writ Petition is that the gratuity amount determined by the Deputy Commissioner of Labour, Chennai in the order dated 15.06.2017 in P.G.A. No. 14 of 2017 had not been paid by the Second Respondent to him and in that backdrop, he has sought for a direction to the First Respondent to recover the gratuity amount with interest as per the certificate dated 30.01.2018 issued in that regard within a time limit that may be stipulated by the Court. 3.

Learned Counsel for the Petitioner accepts that after the filing of the Writ Petition, the Second Respondent has remitted a sum of Rs. 4,79,250/- with the Deputy Commissioner of Labour, Chennai in full satisfaction of the claim of the Petitioner for gratuity amount due to him with interest in terms of the earlier orders passed and he has made an endorsement to that effect in the court record.

4.

It is agreed by Learned Counsel for the Second Respondent that the Petitioner may make necessary application before the Deputy Commissioner of Labour, Chennai for withdrawing the said amount and that the Second Respondent does not have any objection for the same. In view of the aforesaid subsequent events, nothing remains for further consideration in the Writ Petition.

In fine, the Writ Petition is disposed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Maya To

1. The District Collector Tiruvallur District Office of the District Collector Tiruvallur, Pin 602 001.

2. The Management M/s. Future Polyesters Limited No.1, Kamaraj Salai, Manali Chennai - 600 068.

3.

The Deputy Commissioner of Labour, Chennai.

+1cc to Mr.K.J.Saravanan, Advocate, S.R.No.25881 +1cc to the Government Pleader, S.R.No.26323 W.P. No. 847 of 2019 SSI(CO) PM/11/05/2022