K.Pattu v. The Deputy Commissioner Of Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.21099 of 2025 1.K.Pattu 2.G.Subramani 3.M.Radhakrishnan 4.V.Mani 5.R.Lakshmanan 6.K.E.Varadhan 7.K.Vijayakumar 8.S.Arumugam 9.K.Kumar 10.Selvi 11.Mohandass 12.V.Murugesan 13.T.Dasarathan 14.V.Subramani 1/7
15.E.Jaya Kannan 16.S.Angappan 17.G.Kanni Vel 18.N.Kanniappan 19.A.Mariappan 20.M.Kanniappan 21.K.Ranganathan 22.P.Gajendran 23.A.Gunasekaran ... petitioners Vs.
1.The Deputy Commissioner Of Labour Authority, Under The Payment Of Gratuity Act, 1972, DMS Compound, Teynampet, Chennai-06.
2.The Assistant Commissioner Of Labour Controlling Authority, Under The Payment Of Gratuity Act, 1972, DMS Compound, Teynampet, Chennai-06.
3.The Managing Director Madurantahgam Coop.Sugar Mills, Padalam- 603 208.Kancheepuram District.
4.The District Collector Kancheepuram District, Kancheepuram.
... Respondents 2/7
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India directing to the 4th respondent to implement the order dated 03.06.2024 issued by the 1st respondent to recover the principle gratuity amount along with default 15 percent compound interest amount from the 3rd respondent u/s 8 of Revenue Recovery Act. For petitioners : M/s.D.Bharathy For Respondent : M/s.M.Murali, Govt. Advocate, for R.1 to R.4.
O R D E R
Seeking a mandamus to the 4th respondent to implement the order dated 03.06.2024 of the 1st respondent, the petitioners are before this Court.
2. The short facts are as follows:-
3. The petitioners had filed gratuity application before the 2nd respondent which was dismissed by an order dated 19.12.2020. Aggrieved by this order, the petitioners had preferred gratuity appeals before the 1st respondent in PGA.No.7/2021 to PGA.No.29/2021. By 3/7
order dated 25.10.2023, the 1st respondent had allowed the said appeals.
4. Thereafter, on 23.01.2024, the petitioners had received the gratuity amount, however, the 3rd respondent did not deposit the 15% compound interest. Therefore, in order to recover the said interest amount, the 1st respondent by an order dated 03.06.2024 had requested the 4th respondent to initiate proceedings under the Revenue Recovery Act. Though the 4th respondent had initiated proceedings to recover the amount under Section 8 of the Revenue Recovery Act as early as on 22.01.2025, to date the amount has not been recovered from the 3rd respondent. Therefore, the petitioners have come forward with the above Writ Petition.
5. Heard the learned counsel on either side.
6. The only grievance of the petitioners is that the 4th respondent who is tasked with the duty under the Revenue Recovery Act has failed to discharge the said duty. It is seen that though the 1st 4/7
respondent had requested the 4th respondent to initiate action under the Revenue Recovery Act vide order dated 03.06.2024, the amounts due to the petitioners have not been recovered from the 3rd respondent to date.
7. Therefore, considering the fact that the 4th respondent has failed to discharge its statutory duty, the Writ Petition is allowed. A mandamus is issued to the 4th respondent to implement the order dated 03.06.2024 issued by the 1st respondent to recover the default 15 percent compound interest amount from the 3rd respondent u/s 8 of Revenue Recovery Act within a period of 3 months from the date of receipt of a copy of this order. No costs.
17.06.2025 (shr) Index : Yes/No Speaking Order: Yes/No 5/7
To 1.The Deputy Commissioner Of Labour Authority, Under The Payment Of Gratuity Act, 1972, DMS Compound, Teynampet, Chennai-06.
2.The Assistant Commissioner Of Labour Controlling Authority, Under The Payment Of Gratuity Act, 1972, DMS Compound, Teynampet, Chennai-06.
3.The Managing Director Madurantahgam Coop.Sugar Mills, Padalam- 603 208.Kancheepuram District.
4.The District Collector Kancheepuram District, Kancheepuram.
6/7
P.T. ASHA . J., (shr) W.P.No.21099 of 2025 17.06.2025 (2/5) 7/7