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Madras High CourtWP/27643/2013disposed of

D.Sampath, v. The Assistant Commissioner Of

2022-01-25Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 27643 of 2013 and M.P.No. 1 of 2014

1. D.Sampath

2. P.Mani

3. G.K.Palaniswamy

4. A.Subramaniam 5.G.Rangaraj ..Petitioners Vs

1. The Assistant Commissioner of Labour, Office of the Deputy Commissioner of Labour, Coimbatore - 641018.

2.The District Collector, The District Collector Office, Tiruppur.

3.The Management Coimbatore Popular Spinning Mills Ltd., Trichy Main Road, Pongalur, Tiruppur.

..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of Mandamus, directing the 2nd respondent to recover the remaining gratuity amount of the petitioners as per the award of the 1st respondent dated 07.05.2010 and further direct the 1st respondent to disburse the same to the petitioners.

For Petitioner : M/s.Sowmi Dattan For Respondents : Mr.P.Anandakumar, GA - R1 & R2 Mr.Haroon Al. Raseed - R3 For M/s.T.S.Gopalan & Co.

O R D E R

The relief sought for in the writ petition is to direct the 2nd respondent to recover the remaining gratuity amount of the petitioners as per the award of the 1st respondent dated

07.05.2010 and further direct the 1st respondent to disburse the same to the petitioners.

2. The learned counsel appearing for the petitioners submitted that these writ petitioners were worked under the 3rd respondent/management for more than 15 years and subsequently, they were terminated from service by the 3rd respondent/Management. Writ petitioners approached the 3rd respondent for eligible gratuity under the Payment of Gratuity Act both in person and through representation. The 3rd respondent had rejected the said request of the petitioners. Hence the petitioners approached the 1st respondent by way of Gratuity claim petition and the 1st respondent by common order dated, passed a common order sanctioning the claim made by the petitioner and directed the 3rd respondent to pay the award amount within a period of 30 days.

3. The learned counsel for the petitioner has further submitted that since the 3rd respondent has not paid the said award amount to the petitioners, the petitioners have approached the 2nd respondent to take action under revenue recovery proceedings and pay the amount to the petitioners. Since no action has been taken by the 2nd respondent, the instant writ petition is filed.

4. The contention of the learned counsel for the petitioners is that the writ petition is of the year 2013 and so far the 3rd respondent/Management has not settled the entire amount as per the award.

5. The learned counsel appearing for the 3rd respondent/Management has submitted that the management has paid part amount to the petitioners and only a balance of Rs.1,04,000/- has to be paid to the petitioners. The learned counsel has also submitted that if the Court grants eight weeks time, the 3rd respondent/Management will pay aforesaid balance amount to the petitioner.

6. Heard both sides and perused the materials available on record.

7. On perusal of records, it is seen that when the matter came up before this Court earlier on 13.12.2021, this Court directed the first respondent to enquire the financial status of the Mill and submit a report before this Court within a period of four weeks. So far no report is filed by the 1st respondent before this Court. At this stage, the learned counsel for the 3rd respondent/Management informed this Court that the 3rd respondent/Management undertakes to pay the balance amount of Rs.1,04,000/- by selling the Mill property situated at Pongalur

Village.

8. The learned counsel appearing for the petitioners also agreed for the said undertaking and informed this Court that as per the award the 3rd respondent has to pay the said amount along with interest @ 10% per annum.

9. Accepting the submissions made by the learned counsels appearing for the parties concerned, the 3rd respondent/Management is directed to settle the aforesaid agreed balance amount of Rs.1,04,000/- including interest within a period of eight (8) weeks from the date of receipt of a copy of this order. Failing which, the 1st respondent is directed to initiate the recovery proceedings and settle the amount to the petitioners, as expeditiously as possible, without any further delay.

10. With the above directions, the writ petition stands dispose of. No costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar ak To

1. The Assistant Commissioner of Labour, Office of the Deputy Commissioner of Labour, Coimbatore - 641018.

2.The District Collector, The District Collector Office, Tiruppur.

+1cc to M/s.T.S.Gopalan & Co, Advocate SR.No.4480 +1cc to Government Pleader SR.No.4763 W.P.No. 27643 of 2013 and M.P.No. 1 of 2014 PCH(CO) GMY(07/03/2022)