V.Thangaraj v. The Joint Registrar

and M.P.No.1 of 2013 G.K.ILANTHIRAIYAN, J.

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel appearing for the petitioner submitted that some typographical error has been crept in Paragraph 5 of the order dated 04.07.2023. Hence, he prayed for suitable directions.

3. Considering the submission made by the learned counsel appearing for the petitioner, the paragraph No.5 in the order dated 04.07.2023 in W.P.No.27728 of 2013 and M.P.No.1 of 2013 shall read as follows:- "5. Admittedly, the petitioner was superannuated on 30.01.2010 from the post of Secretary of the second respondent Society. After his superannuation, the gratuity payable to him for which LIC premiums was taken and the same was received from the Life Insurance Corporation and the gratuity amount was paid to him on 09.09.2011. However, after receipt of the entire benefits, the petitioner made request for interest by grievance petition before the District Collector, that too belatedly. Further, already this Court held in a similar writ petition seeking interest on belated payment of

terminal benefits. This Court dismissed the writ petition and observed to approach the appropriate authority under the Gratuity Act, Provident Fund Act or Section 153 of Tamilnadu Cooperative Societies Act, 1983. Therefore, this writ petition lacks of merits and it is liable to be dismissed. However, the petitioner is at liberty to make fresh application for claiming the interest as contemplated under Section 7(3A) of the Payment of Gratuity Act, 1972."

4. Registry is directed to correct the order dated 04.07.2023 in W.P.No.27728 of 2013 and M.P.No.1 of 2013, as above and issue order copy afresh.

20.07.2023 mn

G.K.ILANTHIRAIYAN, J.

mn 20.07.2023