D.P.L.(Tn) Ltd. v. The Chairman Cum Managing Director

THE HON'BLE CHIEF JUSTICE and P.D.AUDIKESAVALU, J.

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.G.Purushothaman, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that pursuant to the orders of the learned Single Judge, the Members of the petitioner Association have vacated the premises. However, the Members of the petitioner Association seek payment of 50% gratuity lying with the employer.

3. Payment of gratuity was not a subject matter before the learned Single Judge. As the present petitioner seeks leave to file an appeal, the leave to file an appeal can only be granted if the subject matter was before the learned Single Judge. The orders of the learned Single Judge has been complied with, as the Members of the

petitioner Association have vacated the premises.

4. As the payment of gratuity was not a subject matter before the learned Single Judge, no leave can be granted to file a appeal. The Members of the petitioner Association, as may be permissible, are entitled to take up appropriate proceedings for payment of gratuity, if the Members of the petitioner Association are eligible.

5. With these observations, the petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A.,J.) 21.09.2023 drm

THE HON'BLE CHIEF JUSTICE and P.D.AUDIKESAVALU, J.

(drm) 21.09.2023