N.Rajagopal, v. Kamadhenu Primary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.30891 of 2017 N.Rajagopal ..

Petitioner -vsKamadhenu Primary Agricultural Credit Society VL SPL 117 represented by its Secretary Kalavai, Arcot Taluk Vellore District ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to pay the petitioner gratuity and 10% employer contribution to Provident Fund account for the period 01.07.72 to 30.06.2006 in an earlier date.

For Petitioner :: Mr.VKR.Balakrishnan For Respondent :: Mr.R.A.S.Senthilvel Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondent to pay the gratuity and 10% employer's contribution to Provident Fund account for the period 01.07.72 to 30.06.2006 to the petitioner. This writ petition, on the face of it, is liable to be rejected on the ground of huge laches. The petitioner worked with the Kamadhenu Primary Agricultural Credit Society, Kalavai upto 22.7.2005 and he was dismissed from service on 29.6.2006. But his grievance is that he was not paid with gratuity for the entitled period from 1.7.72 to 30.6.2006. Moreover, 10% of the employer's contribution towards Provident Fund also has not been paid to him. In my considered opinion, the petitioner ought to have raised these claims immediately after his dismissal that took place during June, 2006. Having slept over the matter for the past eleven long years, he cannot https://hcservices.ecourts.gov.in/hcservices/

come to this Court now seeking the above relief. Therefore, the writ petition is dismissed on the ground of laches. No costs. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar ss To

1. The Secretary Kamadhenu Primary Agricultural Credit Society VL SPL 117 Kalavai, Arcot Taluk Vellore District W.P.No.30891 of 2017 NR 21/12/2017 https://hcservices.ecourts.gov.in/hcservices/