R-656, Rajapuram Primary Agricultural Co-Operative Credit Society Ltd v. A.Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2022

CORAM

The Hon'ble Mr. Justice PARESH UPADHYAY and The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY & C.M.P.No.16610 of 2022 R-656, Rajapuram Primay Agricultural Co-operative Credit Society Ltd., Rep., by its Administrator, Rajapuram-639 201, Aravakurichy (Via) Karur District.

.. Appellant vs

1. A.Natarajan 2.The State of Tamil Nadu, Rep., by the Secretary to Government, Co-operation, Food & C.P. Department, Fort St. George, Chennai-600 009.

3.The Registrar of Co-operative Societies, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai-600 010.

4.The Commissioner of Labour, DMS Campus, Anna Salai, Teynampet, Chennai-600 006.

(Impleaded R4 vide order of Court dt.

29.09.2022 made in CMP.No.16610/2022 in W.A.No.2214 of 2022) .. Respondents

Appeal filed under Clause 15 of Letters Patent against the order dated 29.04.2022 made in W.P.No.23634 of 2017. For Appellant :

Mr.Dhalapathy Vignesh Kumar For Respondents :

Mr.S.Silambanan, Addl. Advocate General Assisted by Mr.Abhishek Moorthy, Government Advocate

JUDGMENT

(Delivered by PARESH UPADHYAY.,J) 1.

Challenge in this appeal is made to the order dated 29.04.2022 recorded on W.P. No.23634 of 2017. This appeal is by the third respondent.

2.

The original writ petitioner has retired on 31.03.2015. Since his retirement dues, including gratuity etc., is not paid, he had approached this Court and learned single Judge has directed the State Authorities (respondent nos. 1 and 2) to ensure that the terminal benefits of the petitioner, with interest, as stated earlier is immediately paid. Direction is also given to file compliance report by 30.09.2022 before the Registrar (Judicial) of this Court and shall be at liberty to recover the same from the third respondent in the manner recognised

by law.

3.

The State is not in appeal. We do not see any reason to interfere with the order passed by learned single Judge, at the instance of the third respondent. This appeal therefore needs to be dismissed. 4.

We also take note of the order of this Court dated 29.09.2022. We had requested the State Authorities, through the Commissioner of Labour of the State to look into the matter. No response has come from the said authority.

5.

The direction of learned single Judge is confirmed, consequence to follow.

6.

For the reasons recorded above, this writ appeal is dismissed. No costs. Connected miscellaneous petition would not survive.

(P.U., J) (D.B.C., J) 03.11.2022 Index:No raa/46

To 1.The Secretary to Government, State of Tamil Nadu, Co-operation, Food & C.P. Department, Fort St. George, Chennai-600 009.

2.The Registrar of Co-operative Societies, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai-600 010.

3.The Commissioner of Labour, DMS Campus, Anna Salai, Teynampet, Chennai-600 006.

PARESH UPADHYAY, J.

and D.BHARATHA CHAKRAVARTHY, J.

raa 03.11.2022