R.Gurusamy Cr 1307 v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.11733 OF 2019 R.Gurusamy ... Petitioner -vs1. The District Collector, Salem District, Salem - 636 001.

2. The Tahsildar, District Collectorate Compound, Salem - 636 001.

3. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondent to recover a sum of Rs. 1,59,133/- being the arrears of gratuity and interest from the Third Respondent under revenue recovery proceeding as per the Certificate dated 03.04.2019 under Section 8 of the Payment of Gratuity Act, 1972, issued by the Assistant Commissioner of Labour, Salem.

For Petitioner :

Mr.M.Saravanan For Respondents :

Mr.S.Balamurugan, Government Advocate (for R1 & R2) Mr.A.Sundaravadhanam (for R3)

O R D E R

Heard Mr. M.Saravanan, Learned Counsel for the Petitioner, Mr. S.Balamurugan, Learned Government Advocate appearing for the First and Second Respondents and Mr. A.Sundaravadhanam, Learned https://hcservices.ecourts.gov.in/hcservices/

Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the First and Second Respondent to recover a sum of Rs. 1,59,133/- towards the arrears of gratuity and interest from the Third Respondent under revenue recovery proceeding as per the Certificate dated 03.04.2019 issued by the Assistant Commissioner of Labour, Salem under Section 8 of the Payment of Gratuity Act, 1972.

3.

Learned Counsel for the Petitioner accepts that the entire amount of gratuity with interest as claimed by the Petitioner has been fully paid by the Third Respondent after the filing of the Writ Petition and he has made an endorsement to that effect in the court record. The Third Respondent has file a memo showing the calculation for the said amount. In view of the aforesaid subsequent events, nothing remains for further consideration in the Writ Petition.

In fine, the Writ Petition is disposed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vjt To

1. The District Collector, Salem District, Salem - 636 001.

2. The Tahsildar, District Collectorate Compound, Salem - 636 001.

3. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.

+1cc to Mr.A.Sundaravadhanam, Advocate, S.R.No.30538 +1cc to Mr.G.Pugazhenthi, Advocate, S.R.No.30252 +1cc to the Government Pleader, S.R.No.30663 W.P.No.11733 of 2019 SR(CO) RLP(06/05/2022) https://hcservices.ecourts.gov.in/hcservices/