S.Sheela v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HON'BLE Ms. JUSTICE P.T.ASHA W.P. No.20944 of 2025 Thirumathi S.Sheela ... Petitioner Vs.
1.The District Collector, Vellore, Vellor District - 632 009.
2.The Tahsildar, Vellore Taluk Office, Aarani Road, Velapadi, Vellore - 632 001.
3.The Management, Modern Auto Diesel Engineers, No.34, By-Pass Road, Vellore Taluk & District - 632 004.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the first respondent to recover a sum of Rs.2,08,557/- with 15% compound interest from the third respondent as per the order No.C1/2051/2024 dated 11.09.2024 of Deputy Commissioner of Labour, Vellore and pay it to the petitioner. For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.M.Murali, Govt. Advocate for R1 & R2
ORDER
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This Writ Petition has been filed to direct the first respondent to recover a sum of Rs.2,08,557/- with 15% compound interest from the third respondent as per the order No.C1/2051/2024 dated 11.09.2024 of Deputy Commissioner of Labour, Vellore and pay it to the petitioner.
2. The case of the petitioner is that she had joined the third respondent Management as a Store Incharge cum Clerk on 20.09.1989. On and from July 2019, she was denied employment and she was entitled to get a sum of Rs.2,08,557/- as gratuity and 10% interest from the third respondent. Since the efforts to make the third respondent to settle the gratuity amount had failed, the petitioner had filed a petition in P.G.No.21 of 2022 before the Controlling Authority. By an order dated 05.12.2023, the Authority had directed the third respondent to pay the aforesaid sum with 10% interest within a period of thirty days from the date of receipt of a copy of that order. The third respondent had failed to comply with the order and the representation sent by the petitioner had not been responded to.
2.1. The Controlling Authority had issued a show cause notice on 16.07.2024 to the third respondent. Despite receiving the same, the third respondent failed to comply with the order dated 05.12.2023. Thereafter, the 2/6
Authority had issued a certificate of recovery on 11.09.2024 to the District Collector of Vellore to recover a sum of Rs.2,08,557/- with 15% compound interest from the third respondent by invoking the provisions of Revenue Recovery Act. The petitioner had approached the District Collector, Vellore and submitted her grievance in writing on 30.09.2024 and the Collector had forwarded the request to the Tahsildar vide his order dated 18.11.2024 to invoke the procedure of the Act. However, no steps thereafter had been taken which constrained the petitioner to approach this Court.
3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2 and perused the materials available on record.
4. Considering the limited request of the petitioner and the fact that the first respondent had failed to give effect to the certificate of recovery issued by the third respondent, a mandamus is issued to the first respondent to give effect to the order of the third respondent dated 11.09.2024, within a period of six weeks from the date of receipt of a copy of this order.
5. With the above observations, this Writ Petition is allowed. No costs. 3/6
16.06.2025 Index : Yes / No Internet: Yes Speaking /Non-speaking order gsk 4/6
To 1.The District Collector, Vellore, Vellor District - 632 009.
2.The Tahsildar, Vellore Taluk Office, Aarani Road, Velapadi, Vellore - 632 001.
3.The Management, Modern Auto Diesel Engineers, No.34, By-Pass Road, Vellore Taluk & District - 632 004.
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P.T.ASHA, J.
gsk W.P. No.20944 of 2025 16.06.2025 6/6