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Madras High CourtWP/18020/2019disposed of

E.Mani (Code No 6500) v. Union Territory Of Puducherry

2019-11-28Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.18020 of 2019 and W.M.P No.17414 of 2019

1. E.Mani

2. K.Mohamed Gani

3. R.Durairaj

4. P.Vadivelu

5. R.Annamalai

6. E.Murugesan

7. R.Karunakaran

8. K.Sekar

9. S.Kalyanasundaram 10.K.Vijayasarathi 11.V.Kalivaradan 12.M.Sekar 13.C.Thanga Nadar 14.A.Samikannu 15.N.Subarayan 16.K.G.Somasekara Pillai 17.L.Gunasekaran 18.B.Rajendiran 19.S.Kuppusamy 20.K.Surulichamy 21.R.Subramanian 22.P.Ramalingam 23.R.Loganathan 24.S.Rajasegaran 25.M.Sekar 26.K.Sekaran 27.P.Marimuthu 28.R.Raji 29.R.Sivaji 30.P.Palani 31.P.Kuppusamy 32.S.Murugan 33.K.Rajendiran 34.K.Karpagamurthy 35.D.Kaliamurthy 36.C.Chandrasekaran 37.G.Prabakaran 38.V.Karunakaran 39.S.Ramalingam 40.T.Devarajan 1/4

41.G.Ranganathan 42.K.Panneerselvam 43.M.Balasubramanian 44.G.Lingasamy 45.G.Thandapani 46.D.Suriamurthy 47.M.Gnanasekaran 48.C.Kumar 49.K.Ramamurthy 50.N.Jayamani 51.D.Kanagasabai 52.R.Rajendiran 53.A.Harigovindan 54.R.Panneerselvam 55.S.Chinnathambi 56.S.Sundararaj 57.T.D.Samson Dhanaraj 58.J.B.R.Mark 59.D.Ramamoorthy 60.S.Lakshmanan 61.T.Munisamy 62.V.Duraikannu 63.A.Panneerselvam 64.M.Arumugam 65.V.Ilansekaran 66.R.Suresh Kumar 67.M.Sakthivelu Margo 68.D.Krishnakumar 69.V.Jayaraman 70.A.Aroquiasamy 71.K.Kuppusamy 72.N.Arumugam 73.R.Devanathan 74.V.Devaselvane Guman 75.K.Durarirajan 76.R.Selvaraj 77.P.Harikrishnan 78.S.Alagappan 79.D.Munusamy 80.P.Boobalan 81.S.Ulaganathan ... Petitioners Vs.

1. Union Territory of Puducherry Represented by the Chief Secretary Government of Puducherry Puducherry-605 001.

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2. The District Collector of Puducherry Government of Puducherry, Saram, Puducherry-605 013.

3. Anglo French Textiles A Unit of Pondicherry Textile Corporation Limited Represented by its Managing Director Mudaliarpet, Puducherry-605 004.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to forth with pay the amounts of gratuity due and payable to the petitioners together with compound interest at the rate of 10% per annum thereon from the respective dates of their retirement.

For Petitioners : Mr.V.Kamala Kumar For Respondents : Mr.A.V.Ramalingam, Additional Government Pleader for R1 and R2 Mrs. N.Mala for R3 Special Government Pleader

O R D E R

This writ petition is filed for issuance of Writ of Mandamus, directing the respondents to forth with pay the amounts of gratuity due and payable to the petitioners together with compound interest at the rate of 10% per annum thereon from the respective dates of their retirement.

2.The petitioners are the employees of the 3rd respondent. Though their services were snapped with the 3rd respondent, gratuity amount was not paid to them. For non-payment of the gratuity amount, the petitioners have filed this writ petition claiming the gratuity amount with interest at the rate of 10% per annum.

3. Mrs.N.Mala, Special Government Pleader appearing on behalf of the respondents on instructions submitted that the gratuity amount has been paid in favour of the petitioners long back. However, 30 persons were not paid the gratuity amount on the ground that their legal heirs were not available to receive the amount.

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4. The learned Special Government Pleader did not dispute the fact submitted by the learned counsel for the petitioner that they have not paid the interest.

5. The learned counsel for the respective parties prayed this Court to permit the petitioners to work out their remedy for non-payment of interest in the manner known to law.

6. Considering the facts and circumstances of the case, the petitioners are permitted to work out their remedy for nonpayment of interest in the manner known to law. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar uma To

1. Union Territory of Puducherry Represented by the Chief Secretary Government of Puducherry Puducherry-605 001.

2. The District Collector of Puducherry Government of Puducherry, Saram, Puducherry-605 013.

3. Anglo French Textiles A Unit of Pondicherry Textile Corporation Limited Represented by its Managing Director Mudaliarpet, Puducherry-605 004.

+1 cc to the Government Pleader for Puducherry High court sr 99806 W.P.No.18020 of 2019 and WMP No.17414 of 2019 aa03/12/2019 4/4