Periasamy v. The Joitn Commissioner Of Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI AND WMP NO. 11671 OF 2026

1. Periasamy S/o.Karuppan, 91 south Street, Kuthiraichandal, Villupuram-606 202

2. P.Chitra w/o.Periasamy, 91 south Street, Kuthiraichandal, Villupuram-606 202 ..Petitioner(s) Vs

1. The Joint Commissioner of Labour Labour Complex, Salem-636 008

2. the Manager IFFCO-TOKYIO General Insurance co Ltd., 195 Tulsi Chambers, 3rd Floor, TV Samy road, West RS Puram, Coimbatore-641 602 ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing to set aside the order passed by 1st respondent in WC 219/2024 on 09.04.2025 and to direct the 1st respondent to disburse the compensation deposited by the 2nd respondent as per Lok Adalat order to the petitioners For Petitioner(s):

Mr.C.Rajasekaran

For Respondent(s):

Ms.V.Yamuna Devi, Special Government Pleader Order The Writ Petition is filed to direct the 1st respondent to disburse the compensation deposited by the 2nd respondent as per the Lok Adalat Award dated 09.04.2025.

2.Case of the petitioners is that the petitioners are the parents of one deceased Vignesh. The said vignesh was engaged in the Rasi Seeds Attur as permanent casual labour for the past 1 1⁄2 years. On 02.06.2023, while he was going to office, he died in a road accident. A case was registered in Cr.No.180/2023. The petitioners who are the parents of the said Vignesh had filed Claim Petition in W.C.No.219/2024 on the file of the Joint Commissioner of Labour, Salem and the case was referred to Lokadalat, where a compromise was attained between the parties and the agreed amount was directed to apportion between the parties. Thereby, the 2nd respondent also deposited the said sum of Rs.1176000 before the Court. While such being the case, on 09.04.2025, the Joint Commissioner of Labour, Salem, ordered dependents enquiry. Due to which, the petitioners were dragged for disbursal of the said amount. Hence, they filed the petition.

3. Learned counsel for the petitioner submitted that after 3 months of the order of the Lok Adalat, the respondents had initiated dependents enquiry. There was no justification for ordering dependents enquiry, when the matter was settled before the Lok Adalat. Hence, he prays for early disbursal of the award amount in favour of the petitioners.

4. Per contra, learned Special Government Pleader appearing for the 1st respondent submitted that the initiation of dependent enquiry was necessitated to verify the entitlement of the petitioners in accordance with applicable rules. Therefore, the enquiry was conducted in good faith and in compliance with procedural requirements. However, if this Court directs, the respondents would take appropriate steps for disbursement in accordance with the Lok Adalat Award.

5. Heard both sides and also perused the materials available on record.

6. In view of the fact that there was no justification in ordering dependant enquiry after the lok adalat award had attained finality, this Court is of the opinion that the action of the respondents in delaying disbursement is not sustainable. Accordingly, this Court directs the 1st respondent to disburse the compensation amount to the petitioners, after providing an opportunity to the 2nd respondent, strictly in terms of the Lok Adalat Award dated 08.01.2025, within a period of six weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above observations. No costs. Consequently connected miscellaneous petition is closed. 23-03-2026 Index: Yes/No Speaking/Non-speaking order SK To

1. The Joint Commissioner of Labour Labour Complex, Salem-636 008.

2. The Manager IFFCO-TOKYIO General Insurance co Ltd., 195 Tulsi Chambers, 3rd Floor, TV Samy road, West RS Puram, Coimbatore-641 602

M.DHANDAPANI J.

sk AND WMP NO. 11671 OF 2026 23-03-2026