P.N.Natrajan v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.N.Natrajan ... Petitioner -Vs1. The Registrar of Cooperative Societies, NVN Maaligai, Poonamalle High Road, Kilpauk, Chennai - 10.

(R1 deleted as per order dated 15.03.2024 in W.M.P.No.29106 of 2022 in W.P.No.16485 of 2022)

2. The Joint Registrar of Co-operative Societies, Coimbatore Region, Coimbatore - 641 018.

3. The Deputy Registrar of Co-operative Societies, Coimbatore Region, Coimbatore - 641 018.

4. The President, K-1906, The Sirumugaipudur Sriramalinga Sowdambika Co-operative Stores, Padaguthurai Street, Sirumugai, Mettupalayam Taluk, Coimbatore District -641 302.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to settle the petitioner all terminal benefits Viz. Encashment of Earned Leave, Employee Provident Fund and Security deposit other within the stipulated time period as may be fixed by this Hon'ble Court. For Petitioner : Mr.K.Vasanthanayagan For R1 to R3 : Mr.P.Sathish Additional Government Pleader For R4 : Dr.T.Seenivasan Special Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents to settle the petitioner all terminal benefits Viz. Encashment of Earned Leave, Employee Provident Fund and Security deposit other within the stipulated time period as may be fixed by this Hon'ble Court.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was working as Manager in the fourth respondent Co-operative Store. Thereafter, he had attained the age of

superannuation and retired from service on 31.01.2011. He was relieved from service and he was paid gratuity. However, he was not paid Earned Leave, Employee Provident Fund and Security deposit.

4. A perusal of the counter filed by the third respondent revealed the details of the terminal benefits due to the petitioner, disbursed and pending disbursement of terminal benefits which are as follows:- Description Amount Rs.

1. Gratuity 1,63,558

2. EPF 3,31,099

3. Encashment of Leave 38,187

4. Security Deposit 1,000 Total 5,33,844

5. So far terminal benefits disbursed Gratuity Rs.1,63,558 PF Rs.1,56,940 Total 3,20,498

6. Pending Disbursement of terminal benefits are PF Rs.1,74,159 Encashment of leave Rs. 38,187 Security Deposit Rs. 1,000 Total 2,13,346

5. However, the fourth respondent Society is in a stringent financial crisis and sought further time to settle the said amount.

6. In view of the above, the fourth respondent is directed to disburse the terminal benefits Viz. Encashment of Earned Leave, Employee Provident Fund and Security deposit with applicable interest at the rate of 4% to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

15.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Joint Registrar of Co-operative Societies, Coimbatore Region, Coimbatore - 641 018.

2. The Deputy Registrar of Co-operative Societies, Coimbatore Region, Coimbatore - 641 018.

3. The President, K-1906, The Sirumugaipudur Sriramalinga Sowdambika Co-operative Stores, Padaguthurai Street, Sirumugai, Mettupalayam Taluk, Coimbatore District -641 302.

15.03.2024