Jothi Nandakumar v. Deepam Hospital Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.CMP.No.715 of 2025 1.Jothi Nandakumar 2.N.Karthiga 3.Subbulakshmi 4.Meera Ramanan 5.Banumathi.V 6.Padmavathi.V 7.Julie Samson.M 8.Ponmani.A 9.Indira.K 10.Krishnaveni.K 11.Latha Meganathan 12.M.Sujith Thangaraj 13.Kumarasamy.D 14.Leema Hari 15.Kanniyammal 16.G.Devaki 17.Arulmozhi 18.Chandra.E 19.R.Balaji 20.P.Thennarasu 21.Fameda Begum Rahamathulla Khan 22.Poonkodi Senthilkumar 23.Manjula 24.Jayashri.S 25.D.Malliga 26.K.Julie 27.Asha.K 1/6

28.Nalini Kumari 29.S.Suseela 30.R.Natarajan 31.D.Govindaraj 32.A.Kalpana 33.Samundeeswari.K 34.Kasthuri.S 35.Uma Murugan 36.Lakshman 37.D.Pattabiraman 38.S.Lakshmi 39.S.Lalitha 40.G.Jayapratha 41.V.Divya 42.S.Shobana 43.Uma Maheswari.G 44.Thirumurugan 45.Rajeshwari.K 46.Manimegalai.A 47.Andrews 48.Tamilarasi.M 49.Nirmala Rajan 50.Vijila Paul 51.Loganayaki 52.Shanthi.A 53.K.Esther 54.Indrani 55.Peter.M 56.Senthilkumar.S 57.Dorothy Jaffes 58.Vasanthi.N 59.Sowmiya Mani 60.S.Suguna 61.Bakthaprabhudass 62.Jebarani Stephen 63.A.Mary 64.M.Thirumalai ... Petitioners 2/6

Vs.

Deepam Hospital Limited, No.327, Muthurangam Road, West Tambaram, Chennai - 600 045.

... Respondent Prayer: The Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw P.G.No.103 to 166 of 2022 before the controlling authority under the Payment of Gratuity Act, 1972, the Joint/Deputy Commissioner of Labour II, Chennai - 6 and transfer the same to Joint/Deputy Commissioner of Labour I, Chennai - 6. For Petitioners : Mr.L.Muruganantham

ORDER

The petitioners are seeking transfer of P.G.Nos.103 to 166 of 2022 pending on the file of the controlling authority, namely the Joint/Deputy Commissioner of Labour II, Chennai-6, to the file of the Joint/Deputy Commissioner of Labour I, Chennai.

2.Heard the learned counsel for the petitioner. 3.Pursuant to the hearing on 18.07.2025, the learned counsel, who appeared for the transfer applicants before the Joint/Deputy Commissioner 3/6

of Labour II, Chennai, has sworn to his affidavit, setting out what transpired before the Joint/Deputy Commissioner of Labour II, Chennai. The said affidavit is supporting the averments set out in the transfer petition, seeking transfer of the proceedings.

4.The learned counsel for the petitioner states that the petitioners would be satisfied, if a direction is issued to the Joint/Deputy Commissioner of Labour II, Chennai, for expeditious disposal of the proceedings in P.G.Nos.103 to 166 of 2022. In view of the said request of the learned counsel for the petitioners, I am inclined to dispose of the transfer petition, rejecting the request for transfer, that but however directing the Joint/Deputy Commissioner of Labour II, Chennai-6, to dispose of the proceedings pending in P.G.Nos.103 to 166 of 2022, within a period of three months from the date of receipt of a copy of this order. 5.The petitioner has also filed his sworn affidavit stating that the petitioners are all ladies and they are being intimidated by the employer and there is no police protection available in the Court. In fact, it was one of the reasons why the transfer itself was sought for in the first place. However, now the petitioners are satisfied if the proceedings are directed to be 4/6

disposed of expeditiously and sufficient protection is also accorded to the petitioners, when they appear before the Joint/Deputy Commissioner of Labour II, Chennai-6.

6.In view of the above, the request for transfer is declined. However, the Transfer Civil Miscellaneous Petition is disposed of with the following directions:

(i) The Joint/Deputy Commissioner of Labour II, Chennai -6, shall ensure that the petitioners are given adequate security for their physical appearance before the said Tribunal.

(ii) The Joint/Deputy Commissioner of Labour II, Chennai -6, shall expedite the proceedings and dispose of the same, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

(iii) There shall be no order as to costs.

23.07.2025 ata Index:Yes/No Speaking/Non-speaking order Internet:Yes 5/6

P.B. BALAJI,J.

ata To The Joint/Deputy Commissioner of Labour II, Chennai-6. Tr.CMP.No.715 of 2025 23.07.2025 6/6