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Madras High CourtWP/31148/2014disposed of

Tamil Nadu College Of v. The Assistant Commissioner Of

2019-11-22Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.31148 to 31150 of 2014 and MP.Nos.1, 1 and 1 of 2014 Tamil Nadu College of Engineering, rep.by its Chairman, Palanisame Ravi Nagar, Karumathampatti, Coimbatore-641 659. ...Petitioner in all W.Ps vs.

1. The Assistant Commissioner of Labour, (Payment of Gratuity Act), Office of the Labour Commissioner, Coimbatore-18. ....R1 in all W.Ps

2. A.P.Shekhar ... R2 in W.P.No.31148 of 2014

3. P. Duraipandian ... R2 in W.P.No.31149 of 2014

4. S. Vanitha ... R2 in W.P.No.31150 of 2014 PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records from the 1st respondent and quash the order passed in G.A.Nos.183, 192 and 182 of 2013 dated 10.07.2014 on the file of the Assistant Commissioner of Labour, Coimbatore, the first respondent as null and void. For Petitioner : Mr.P.R.Balasubramanian in all W.Ps For Respondents : Mr.J.Ramesh in all W.Ps Additional Government Pleader for R1.

Mr.D.Bharathy for R2.

C O M M O N O R D E R The learned counsel appearing for the writ petitioner made a submission that in the event of granting liberty to the

writ petitioner to prefer an appeal under Rule 18 of the Gratuity Rules, the writ petitioner is ready and willing to file such an appeal for redressing their grievances. 2.

The learned counsel for the second respondent/employee has also no serious objection in the writ petitioner filing such an appeal under the Rules.

3. In view of the fact that against the common order dated 10.07.2014 passed in G.A.Nos.183, 192 and 182 of 2013, an appeal is contemplated under Rule 18 of the Gratuity Rules, the writ petitioner has to exhaust the appeal remedy before filing a writ petition under Article 226 of the Constitution of India. In normal circumstances, the parties are bound to exhaust the statutory appeal remedy and waiver of the appeal remedy is only an exception.

4. This being the principles to be followed, the writ petitioner is at liberty to file an appeal against the common order dated 10.07.2014 passed in G.A.Nos.183, 192 and 182 of 2013 If any such appeal is filed by the writ petitioner, the said appeal is directed to be entertained by the authority competent and adjudicate the issues on merits by affording opportunity to all the parties concerned and dispose of the same as expeditiously as possible. The writ petitioner is directed to prefer an appeal, if they have decided to do so, within a period of six weeks from the date of receipt of a copy of this Order.

5. With these directions, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar mrn To

1. The Assistant Commissioner of Labour, (Payment of Gratuity Act), Office of the Labour Commissioner, Coimbatore-18.

2. Tamil Nadu College of Engineering, rep.by its Chairman, Palanisame Ravi Nagar, Karumathampatti, Coimbatore-641 659.

+3cc to Mr.P.R.Balasubramanian, Advocate, S.R.No. 98514 to 98516 +1cc to Mr.D.Bharathy, Advocate, S.R.No. 97521 +1cc to the Government Pleader, S.R.No. 98021 W.P.Nos.31148 to 31150 of 2014 and MP.Nos.1, 1 and 1 of 2014 SAI(CO) GN(09/01/2020)