The Manager (Hrd), v. The Regional Labour
THE HIGH COURT OF JUDICATURE AT MADRAS DATED :06.09.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10876 of 2009 and M.P.No.1 of 2009 The Manager(HRD) Hindustan Photo Films Manufacture Company Ltd., Ootacamund - 643 005 The Nilgiris ..Petitioner vs 1.The Regional Labour Commissioner, (Central) The Appellate Authority under the Payment of Gratuity Act, 1972 No.26, Haddows Road, Sastri Bhavan, Chennai - 600 006 2.The Assistant Labour Commissioner, (Central) Controlling Authority under the Payment of Gratuity Act, 1972 No.26, Haddows Road, Sastri Bhavan, Chennai - 600 006 3.T.C.Krishnamurthy 4.A.Malli 5.P.Sankarasubramony 6.T.S.Santhamurthy 7.B.Muralidharan 8.K.B.Sinthamani 9.K.P.Nanjan 10.R.Marudamuthu 11.H.Thimman 12.A.Venkataraman 13.A.Shankaramurthy 14.K.Ragunatha Rao 15.Basheer Ahmed 16.R.Jayashree
17.S.Krishnamurthy1 18.K.M.Bellie 19.P.L.Subban 20.A.N.Arjunan 21.A.S.Mani 22.S.Devarajan 23.R.S.Mani 24.K.Ramamurthy 25.R.Subbian 26.M.Krishnarajendran 27.R.Manavalachand 28.J.Varadharajan 29.K.C.Lingaraj 30.N.Ramalingam 31.H.Krishnamoorthy 32.S.Mahalingam 33.A.Balasubramaniam 34.G.Jayaseelan 35.B.N.Devaraj 36.K.T.Perumalsamy Petitioners 3 to 36 C/o.G.Radhakrishnan, 43, Kailasampillai Street, Kandal Finger Post, Ootacamund - 643 006. ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order dated 28.05.2008 passed by the 2nd respondent in Gratuity Application Nos.196,202,205,208-209,210-212,219-220,222,224-226,231,235243,245-248,251-256 of 2007 and confirmed by the 1st respondent in G.A.Nos.47 to 80 of 2008 dated 29.04.2009 and quash the same. For Petitioner : M/s.Rita Chandrasekaran For Respondents : Mr.T.V.Krishnamachari for R1 & R2 No appearance for R3 to R36
O R D E R
The order dated 28.05.2008 passed by the 2nd respondent in Gratuity Application Nos.196,202,205,208-209,210-212,219220,222,224-226,231,235-243,245-248,251-256 of and confirmed by the 1st respondent in G.A.Nos.47 to 80 of 2008 dated 29.04.2009 are sought to be quashed in the present writ petition.
2. The writ petitioner is Hindustan Photo Films, which is a Company owned by the Government of India and was engaged in the business of manufacture of x-rays and film rolls.
3. The respondents 3 to 36 filed individual claim petition under Section 7(4) (c) of Payment of Gratuity Act, 1972 before the 2nd respondent for a direction to pay the gratuity amount considering the interim relief as part of wages for the purpose of computing gratuity with simple interest at 10% from the date it become due till the date of payment. The petitioner states that around 150 ex-employees, who left the services of the writ petitioner company under Voluntary Retirement Scheme formed HPF Voluntary Retired Employees Association and filed individual gratuity claim applications. The 2nd respondent by order dated 28.05.2008, allowed the claim petitions filed by the respondents 3 to 36. The petitioner Management preferred gratuity appeal in G.A.Nos.47 to 80 of 2008 before the 1st respondent and 1st respondent also dismissed the appeal on 29.04.2009.
4. The learned counsel appearing on behalf of the writ petitioner states that the company was already wound up during the year 2009 and employees were already settled with the benefits. All other employees, who were opted for Special Voluntary Retirement Scheme, received their benefits and as far as these respondents are concerned, the other benefits due to them were settled. However, the disputed gratuity amount had been already deposited before the 1st respondent / The Regional Labour Commissioner.
5. It is brought to the notice of this Court that the respondents 3 to 36 had already withdrawn 50% of the deposited amount and the balance deposited amount is now lying with the 1st respondent. In view of the fact that the Company was wound up and the settlements were made in respect of other employees, the respondents 3 to 36 are also entitled for the same benefits and under these circumstances, no further adjudication needs to be undertaken in respect of the grounds raised in the writ petition on merits.
6. This being the factum, this Court is of the considered opinion that no further interference is called for as far as the impugned orders are concerned. However, the respondents 3 to 36 are entitled to withdraw the deposited amount as per their apportionment granted by the 1st respondent. In this regard, the 1st respondent is directed to settle the balance gratuity amount,
if any, available with the 1st respondent in favour of the respondents 3 to 36 within a period of four(4) weeks from the date of receipt of a copy of this order.
7. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar kak To 1.The Regional Labour Commissioner, (Central) The Appellate Authority under the Payment of Gratuity Act, 1972 No.26, Haddows Road, Sastri Bhavan, Chennai - 600 006 2.The Assistant Labour Commissioner, (Central) Controlling Authority under the Payment of Gratuity Act, 1972 No.26, Haddows Road, Sastri Bhavan, Chennai - 600 006 +1cc to M/s.Aiyar & Dolia, Advocate SR.No.77794 W.P.No.10876 of 2009 RGN(CO) GMY(14/10/2019)