S.M.Sundar v. The Chair Person

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition No.17057 of 2025 1.S.M.Sundar 2.K.Srinivasan ... Petitioners ..Vs..

1.The Chair Person Central Office, LIC of India, Post Box No.12283, Nariman Post, Mumbai-400021.

2.The Regional Manager (P&IR) South Zone, LIC of India, Zonal Office, Door No.153, LIC Building Annasalai Mount Road, Chennai 600002.

3.The Zonal Manager, South Zone, LIC of India Zonal Office Door No.153, LIC Building Annasalai Mount Road, Chennai 600002.

4.The Senior Divisional Manager, South Zone, LIC of India Zonal Office Door No.153, LIC Building Annasalai Mount Road, Chennai 600002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the 2nd respondent to dispose of the monetary benefits and back wages to the petitioners from the date of their entitlement for absorption (i.e., 01/03/1989) in the service of the 1st respondent amounting to Rs.38,59,337 along with interest at 12 percent from the date of default till the date of realization. 1/6

For Petitioners : Mr.Avinashwadhwani For Respondents : Mr.R.S.Anandan

ORDER

The instant writ petition has been filed claiming an amount of Rs.38,59,337/- along with interest at the rate of 12% per annum.

2. It is the submission of the learned counsel for the petitioners that the Hon'ble Supreme Court in Contempt Petition No.459 of 2015 directed the respondents to compute and settle all entitlement of the workmen involved in the contempt petition till the age of their superannuation. The learned counsel for the petitioners would further submit that the respondents did not settle the entire dues and the total sum of Rs.38,59,337/- is yet to be paid by the respondents.

3. At this juncture, the learned Counsel appearing on behalf of the respondents would submit that according to them, they have settled the entire dues of the petitioners on 31.07.2023. If at all, if the petitioner has got any grievance in respect of the said amount or if there is any non-compliance on the part of the respondents, the petitioners are having every right to move the 2/6

Hon'ble Supreme Court by filing a Contempt Petition. Apart from that, it is the submission of the learned counsel for the respondent that whenever there is a factual dispute the same cannot be adjudicated in the writ jurisdiction, and the petitioners should only approach the Labour Court by filing Computation Petition. The learned counsel for the respondents would also invite the attention of this Court that in similar circumstances, this Court issued a direction to the respondents to consider the representation of certain employees.

4. I have given my anxious consideration on either side submission.

5. This Court does not find any merits in the present writ petition for the following reasons:- (i) the petitioners are provided with right, to move a Contempt Petition before the Hon'ble Supreme Court as mentioned in the Supreme Court order in para 14;

(ii) In view of the disputed facts between the petitioners and the respondents, this Court has already given liberty to some of the petitioners to give representation to the respondents.

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6. Therefore, though this Court is dismissing the writ petition, would like to give liberty to the petitioners to give a representation to the respondents within seven (7) days from the date of receipt of a copy of this order and on receipt of such representation, the respondents are directed to consider the same within a period of four (4) weeks thereafter, according to its own merits and in accordance with law.

7. In the result, the writ petition is dismissed. No costs. 07.07.2025 (1/2) ssi Index : Yes Speaking Order : Yes /No 4/6

To:

1.The Chair Person Central Office, LIC of India, Post Box No.12283, Nriman Post Mumbai-400021.

2.The Regional Manager (P&IR) South Zone, LIC of India, Zonal Office, Door No.153, LIC Building Annasalai Mount Road, Chennai 600002.

3.The Zonal Manager, South Zone, LIC of India Zonal Office Door NO.153, LIC Building Annasalai Mount Road, Chennai 600002.

4.The Senior Divisional Manager, South Zone, LIC of India Zonal Office Door No.153, LIC Building Annasalai Mount Road, Chennai 600002.

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C. KUMARAPPAN, J.

ssi W.P.No.17057 of 2025 07.07.2025 (1/2) 6/6