N.Chokkalingam v. The Assistant Director Of Industries And Commerce,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR N.Chokkalingam
...Petitioner
Vs
1. The Assistant Director of Industries an Commerce, (Industrial Co-operative Societies), Liquidator, TAICO Bank Ltd., Raja Annamalaipuram, Chennai 600 028.
2. The Deputy Director (Industrial Co-operative Societies)/ Managing Director (incharge), TAICO Bank Ltd., No.36, South Canal Bank Road, Mandavelipakkam, Raja Annamalaipuram, Chennai 600 028.
3. M/s Kil Kothagiri Co-operative Tea Factor Limited, Kothagiri Circle, Nilgiri District (Under Liquidation). .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a WRIT OF MANDAMUS directing the first respondent to disburse the retirement benefits to the tune of Rs.13,96,555/- to the petitioner with interest at 10% per annum from
the date of liquidation i.e. 30.08.2000 to the date of realization by considering the petitioner's representation dated 11.01.2022. For Petitioner : Mr.S.Saravanan For Respondents : Mr.T.Chezhiyan, Addl.Govt. Pleader
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking to issue a WRIT OF MANDAMUS directing the first respondent to disburse the retirement benefits to the petitioner along with interest, by considering the petitioner's representation dated 11.01
3. The petitioner was working as a Writer in the third respondent management and he voluntarily retired from service in the year 2003. The management was liquidated on 30.08.2000. Thereafter, the petitioner filed a computation petition in C.P.No.91/2016 and the Deputy Commissioner of Labour by order dated 10.01.2020, has directed the petitioner to approach the first respondent to recover the
same. Pursuant to the above order, the petitioner made representation on 08.12.2021. Again, he gave representation on 11.01.2022 also to disburse the retirement benefits. But, it was not considered. Hence this writ petition.
4. The learned counsels appearing for the respondents submitted that the representation of the petitioner will be considered by the authorities concerned and appropriate orders will be passed on its own merits, in accordance with law.
5. Inview of the above submission and considering the limited scope of prayer and to meet the ends of justice, without expressing any opinion on merits, the following order is passed. i) The first respondent is directed to consider the representation of the petitioner dated 11.01.2022 and to pass orders on its own merits and in accordance with law, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of . No costs.
30.06.2022 Index:Yes/No Internet:Yes/No mst To
1. The Assistant Director of Industries an Commerce, (Industrial Co-operative Societies), Liquidator, TAICO Bank Ltd., Raja Annamalaipuram, Chennai 600 028.
2. The Deputy Director (Industrial Co-operative Societies)/ Managing Director (incharge), TAICO Bank Ltd., No.36, South Canal Bank Road, Mandavelipakkam, Raja Annamalaipuram, Chennai 600 028.
3. M/s Kil Kothagiri Co-operative Tea Factor Limited, Kothagiri Circle, Nilgiri District (Under Liquidation).
D. KRISHNAKUMAR, J.
mst 30.06.2022