Madras High CourtWP/2047/2019disposed of

K.Bhuvaneswaran v. Union Territory Of Puducherry

2022-11-29Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29-11-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM And WMP No.2303 of 2019 1.K.Bhuvaneswaran 2.S.Mourougane 3.R.Mathivannan 4.S.Arumugam ..

Petitioners vs.

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

2.The District Collector, Vazhudavur Road, Petayan Chathiram, Puducherry UT-605 009.

3.The Controlling Authority under the Payment of Gratuity Act 1972 -cum-Labour Officer (Enforcement), Labour Department Complex, Gandhi Nagar, 3rd Floor, Puducherry UT-605 009.

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4.M/s.Anglo French Textiles, Represented by the Managing Director, (A Unit of Pondicherry Textile Corporation Limited), AFT Mill Premises, Cuddalore Road, Mudaliyarpet, Puducherry UT-605 004.

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents herein to forthwith pay the amounts of gratuity due and payable to the petitioners together with compound interest at 10 percentage thereon from the respective dates of their retirement and further enhanced interest in accordance with law and disburse the same to the petitioners herein within a limited time frame.

For Petitioners : Mr.I.Kabilan for Mr.M.Ravi.

For Respondents-1 to 3 : Ms.G.D.Jerany, Government Advocate (Puducherry).

For Respondent-4 : Ms.Priyadharsini for Ms.G.Sudha 2/6

O R D E R

The learned counsel for the petitioners made a submission that the Gratuity amount due to the petitioners have already been settled along with the interest at the rate of 10% per annum. However, the interest rate of 5% per annum in addition has already been proposed and which is to be settled.

2. The learned Government Advocate, appearing on behalf of the respondents 1 to 3 and the learned counsel appearing on behalf of the fourth respondent made a submission that the Gratuity amount in entirety has been settled along with interest at the rate of 10% per annum as per the Rules in force.

3. If at all the respondents considered the claim for grant of additional interest in respect of all the employees, then the same is to be considered for the petitioners also. However, the fact remains that the Gratuity amount has already been settled, no further adjudication is required in respect of the grounds raised in the present writ petition. 3/6

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

29-11-2022 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order.

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

2.The District Collector, Vazhudavur Road, Petayan Chathiram, Puducherry UT-605 009.

3.The Controlling Authority under the Payment of Gratuity Act 1972 -cum-Labour Officer (Enforcement), Labour Department Complex, Gandhi Nagar, 3rd Floor, Puducherry UT-605 009.

4.The Managing Director, M/s.Anglo French Textiles, (A Unit of Pondicherry Textile Corporation Limited), AFT Mill Premises, Cuddalore Road, Mudaliyarpet, Puducherry UT-605 004.

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S.M.SUBRAMANIAM, J.

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