J.Parangusam v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2023
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA J.Parangusam ... Petitioner Vs.
1.The Managing Director, M/s.Sri Bharathi Mills, (A Govt. of Puducherry Undertaking), Mudaliarpet, Puducherry - 605 004.
2.The District Collector, I-Floor, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.
3.Tahsildar, Taluk Office, 100 Feet Road, Mudaliarpet, Puducherry - 605 004.
4.Union Territory of Puducherry, Represented by Chief Secretary to Government, Department of Industry and Commerce, Industrial Estate, Huzuga Theatre, Thattanchavady, Puducherry - 9.
5.Union Territory of Puducherry, Represented by Secretary to Government, Department of Industry and Commerce, Industrial Estate, Huzuga Theatre, Thattanchavady, Puducherry - 9.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 & 3 to recover a sum of Rs.94,101/- towards simple interest @ 10% on the principal gratuity amount of Rs.3,76,035/- already paid by the 1st respondent as stipulated in Certificate of Recovery order dated 28.01.2021 and the orders dated 22.10.2020 in G.A.No.42/2020 of the Controlling Authority cum Labour Officer.
For Petitioner : Mr.D.Nagasaila For R1 : Mr.A.Tamilvanan, AGP, Puducherry For RR2 to 5 : Ms.Sharada Vivek, AGP, Puducherry
ORDER
The petitioner was an employee of Sri Bharathi Mills Limited, (Government of Puducherry undertaking) from 1973 to 2013 and retired
on 31.08.2013. On the date of his retirement, he did not receive any amount from the first respondent Mill though he had put in 43 years of continuous service. His gratuity amount is Rs.3,76,035/- out of which he received a sum of Rs.2,00,000/- on 26.10.2015 and Rs.1,76,035/- on 22.07.2016. Subsequently, he did not receive any amount from the first respondent Mill. He therefore filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 -cum-Labour Officer (Enforcement), Puducherry, against the first respondent Mill claiming interest for the gratuity amount from the date of retirement till the date of payment of gratuity under Section 7(3) (A) of the Payment of Gratuity Act, 1972 (Act) read with Rule 10(1) of Puducherry Payment of Gratuity Rules 1973 (Rules).
An enquiry was conducted and the Controlling Authority vide his orders dated 22.10.2020 held that the petitioner is eligible for simple interest @ 10% per annum on the gratuity of Rs.3,76,035/- which should be paid in two installments on different periods.
Interest Calculation S.I.
No.
Due Amount Paid Amount Period of Interest No. of days of interest Rate of Interest Amount of Interest due (Due amount X Period of interest X Rate of interest) 1.
3,76,035 2,00,000 31.08.2013 to 26.10.2015 10% 200000 x 787 x 10 --------------- ------- =43123.28 365 x 100 2.
1,76,035 1,76,035 31.08.2013 to 22.07.2016 10% 176035 x 1057 x 10 --------------- ------- =50977.80 365 x 100 TOTAL =94,101.08 = 94,101 (Rounded Off) Since no amount was forthcoming he issued a certificate in G.A.No.42/2020 on 28.01.2021 for recovery of the aforesaid amount under Revenue Recovery Act as per Section 8 of the Act.
2. Ms.Sharada Vivek, learned Additional Government Pleader (Puducherry) for the respondents 2 to 5 contended that they are in the process of recovering the amount due and payable to the writ petitioner.
3.In the circumstances, the respondents 2 & 3 are directed to take steps to recover the entire amount due to the writ petitioner within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. 10.10.2023 (3/6) Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl
To 1.The Managing Director, M/s.Sri Bharathi Mills, (A Govt. of Puducherry Undertaking), Mudaliarpet, Puducherry - 605 004.
2.The District Collector, I-Floor, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.
3.Tahsildar, Taluk Office, 100 Feet Road, Mudaliarpet, Puducherry - 605 004.
4.Union Territory of Puducherry, Represented by Chief Secretary to Government, Department of Industry and Commerce, Industrial Estate, Huzuga Theatre, Thattanchavady, Puducherry - 9.
5.Union Territory of Puducherry, Represented by Secretary to Government, Department of Industry and Commerce, Industrial Estate, Huzuga Theatre, Thattanchavady, Puducherry - 9.
R. HEMALATHA, J.
mtl 10.10.2023