S.Adinarayanan v. Union Territor Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.2212 of 2019

1. S.Adinarayanan

2. S.Rathinasabapathy

3. K.Sundaramoorthy

4. V.Ramachandran

5. K.Subramanian

6. N.B.Doss Gandhi

7. L.Manjunath ... Petitioners Vs.

1. Union Territory of Puducherry Represented by the Chief Secretary Government of Puducherry Puducherry-605 001.

2. The District Collector of Puducherry Saram Puducherry-605 013.

3. Anglo French Textiles Unit of Pondicherry Textile Corporation Limited Represented by its Managing Director Mudaliarpet, Puducherry-605 004.

4. The Controlling Authority under the Payment of Gratuity Act 1972 cum Labour Officer (Enforcement) Puducherry.

5. The Ministry of Home Affairs Government of India Represented by its Secretary New Delhi.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to forth with pay the amounts of gratuity due and payable to the petitioners together with compound interest at the rate of 15% per annum there on from the respective dates of issuance of Form-R notice to the petitioners, 1, 2, 3, 4, 5 & 7 and for petitioner No.6 from the date of his retirement.

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For Petitioners : Mr.M.Devendran For Respondents : Mr.A.V.Ramalingam Additional Government Pleader for R1, R2 and R4 Mrs.N.Mala for R3 Special Government Pleader Mr.S.Palaniraja for R5.

O R D E R

This Writ Petition is filed for issuance of Writ of Mandamus directing the 1st respondent herein to forth with pay the amounts of gratuity due and payable to the petitioners together with compound interest at the rate of 15% per annum there on from the respective dates of issuance of Form-R notice to the petitioners, 1, 2, 3, 4, 5 & 7 and for petitioner No.6 from the date of his retirement.

2.The petitioners are the employees of the 3rd respondent. Though their services were snapped with the 3rd respondent, gratuity amount was not paid to them. For non-payment of the gratuity amount, the petitioners have filed this writ petition claiming the gratuity amount with interest at the rate of 15% per annum.

3. Mrs.N.Mala, Special Government Pleader appearing on behalf of the respondents on instructions submitted that the gratuity amount has been paid in favour of the petitioners long back. However, 30 persons were not paid the gratuity amount on the ground that their legal heirs were not available to receive the amount.

4. The learned Special Government Pleader did not dispute the fact submitted by the learned counsel for the petitioner that they have not paid the interest.

5. The learned counsel for the respective parties prayed this Court to permit the petitioners to work out their remedy for non-payment of interest in the manner known to law. 2/3

6. Considering the facts and circumstances of the case, the petitioners are permitted to work out their remedy for nonpayment of interest in the manner known to law. Accordingly, this Writ Petition is disposed of. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar uma To

1. The Chief Secretary Union Territory of Puducherry Government of Puducherry Puducherry-605 001.

2. The District Collector of Puducherry Saram Puducherry-605 013.

3. Anglo French Textiles Unit of Pondicherry Textile Corporation Limited Represented by its Managing Director Mudaliarpet, Puducherry-605 004.

4. The Controlling Authority under the Payment of Gratuity Act 1972 cum Labour Officer (Enforcement) Puducherry.

5. The Secretary The Ministry of Home Affairs Government of India New Delhi.

+2 ccs to M/s.M.Devendran Advocate sr99348 +1 cc to the Government Pleader for puducherry High Court Madras sr99806 W.P.No.2212 of 2019 aa03/12/2019 3/3