The Special Officer, v. The Joint Commissioner Of Labour Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.Nos.2827 & 2829 of 2025 The Special Officer Kancheepuram Central Cooperative Bank Ltd., No.15G, Sheikpet North Street Kancheepuram 631 501.
... Petitioner Vs.
1.The Joint Commissioner of Labour, Chennai/Additional Commissioner of Labour-II DMS Complex, Anna Salai Teynampet Chennai 600 006.
2.The Assistant Commissioner of Labour-II/Controlling Authority under Payment of Gratuity Act DMS Complex, Anna Salai Teynampet Chennai 600 006.
1/7
3.The General Manager Life Insurance Corporation of India Mount Road Chennai 600 002.
Legal heirs of M.Shanmugam (respondents 4, 5 & 6) 4.S.Jayalakshmi 5.S.Sakthivel 6.S.Padmavathy Legal heirs of V.Rajendran (respondents 7 & 8) 7.R.Devi 8.R.Hemalatha 9.K.Kuppusamy 10.R.Nagavelu 11.T.K.Babu 12.S.Anadan 13.T.Natarajan 14.G.Manimegalai 15.A.Vijayakumar 16.M.Venugoal 17.N.Kannappan 18.Syed Shair Ali Ahmed 19.A.Boopathi 20.S.Velumani 21.K.Punniyakottai 22.M.Kanniyappan 23.G.Chakrapani 24.V.Vijayarangam 25.M.Venkatesan 26.S.Nagarajan 27.A.Gunasekaran 28.R.Krishnamacheri 2/7
29.C.Duraisami 30.R.Ellappan 31.A.Kumarasami 32.R.P.Panneerselvam 33.K.V.Elavazhagan 34.P.K.Gajarajan 35.S.Karunakaran 36.S.Chakkarappan 37.A.Ranganathan 38.K.P.Chandran 39.B.Chandrambal 40.M.Dandapani 41.D.Purushothaman 42.N.Kothandam 43.N.Prabudoss 44.V.Ramani 45.J.Suresh 46.Kamkshi Bai 47.D.Lakshmi ....Respondents (Cause-title accepted vide order dated 29.01.2025 in WMP.No.2826/2025 in W.P.No.2504 of 2025) Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to adjudicate the Statutory Appeal preferred by this petitioner management against the order dated 15.10.2012 made in P.G.Case Nos.78 to 104/2009, 04/2009, 209, 216 3/7
and 242 to 252/2009 and dispose of the appeal within a time frame fixed by this Court.
For Petitioner : Ms.G.Thilakavathi Senior Counsel for Mr.R.Gophinath For Respondents : Mr.K.Surendran for R1 & R2 Additional Government Pleader
ORDER
In view of the nature of relief prayed for in the Writ Petition, this Writ Petition is taken up for hearing and disposed of at the admission stage itself without notice to the private respondents/Workmen involved in the present case.
2. Mr.K.Surendran, learned Additional Government Pleader takes notice on behalf of the first respondent, who is the Appellate Authority and stated that an award has been made by the Authority under the Payment of Gratuity Act in PG.Case.Nos.78 to 104/2009, 04/2009, 209, 216 and 242 to 252/2009 as against which a common appeal is said to have been preferred by 4/7
the Management on 31.12.2012. It is also stated that the entire amount which is due in all these matters have also been deposited.
3. In view thereof, this Writ Petition is disposed of on the following terms;
(i) The first respondent being the Appellate Authority is requested to take up the appeal after due notice to both sides and hear in accordance with law and dispose of the appeal within a period of two months from the date of receipt of the website uploaded copy of the order without waiting for the certified copy of the order;
(ii) The question of disbursal of the amount deposited by the Management shall be taken up after the disposal of the appeal.
(iii) No costs. Consequently, connected Miscellaneous Petitions are also closed.
29.01.2025 5/7
(2/2) dna To 1.The Joint Commissioner of Labour, Chennai/Additional Commissioner of Labour-II DMS Complex, Anna Salai Teynampet Chennai 600 006.
2.The Assistant Commissioner of Labour-II/Controlling Authority under Payment of Gratuity Act DMS Complex, Anna Salai Teynampet Chennai 600 006.
3.The General Manager Life Insurance Corporation of India Mount Road Chennai 600 002.
6/7
D.BHARATHA CHAKRAVARTHY , J.
dna and WMP.Nos.2827 & 2829 of 2025 (2/2) 29.01.2025 7/7