M.Jayanthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2025

CORAM

THE HONOURABLE MR. JUSTICE K. SURENDER M. Jayanthi Petitioner(s) Vs

1. The District Collector Chennai District, Office Of The District Collectorate, Singaravelar Maligai, 62 Rajaji Salai, Chennai 600 001.

2. The Tahsildar Puraawakam Taluk, No. 3, Raja Muthaiah Salai, Purasawakam, Chennai 600 003.

3.M/s. Rk Steel Manufacturing Company Private Limited Rep By Managing Director, Having It Registered Office, At No. 38 New Avadi Road, Kilpauk, Chennai 600 010.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Mandamus seeking direction the respondents 1 and 2 to recover the defaulted gratuity amount from the 3rd respondents under the Tamil Nadu Revenue Recovery Act as per the order dated 06.05.2024 passed by the

payment of Gratuity Authority DCL I Chennai in PG No. 40/2023 and the proceedings of the respondent dated 28.01.2025 in RC No. G1/E2897793/2025 within a time frame fixed by this honourable Court. For Petitioner(s):

Mr.T.Sundar Rajan For Respondent(s):

M.Jayathy AGP for R1 And R2

ORDER

By consent of both parties, this Writ Petition is being disposed of at the admission stage itself.

2. This Writ Petition is filed seeking Mandamus to direct the first and second respondents to recover the defaulted Gratuity amount from the 3 rd respondent under the Tamil Nadu Revenue Recovery Act as per the order dated 06.05.2024 passed by the payment of Gratuity Authority, DCL-1, Chennai in PG.No.40 of 2023 and the proceedings of the first respondent dated 28.01.2025 in RC.No.G1/e-2897793/2025, within a time stipulated time frame.

3. The petitioner joined the third respondent company as an Accounts Officer and was later promoted to Senior Accounts Officer. Due to health issues, she resigned in February 2023 and requested the company to settle her terminal

benefits through a representation dated March 28, 2023. However, the company failed to comply. The petitioner then filed an application under the Payment of Gratuity Act, 1972 (PG No. 40 of 2023) before the Deputy Commissioner of Labour-I, Chennai. The authority allowed the application on May 06, 2024, directing the third respondent to pay Rs. 1,54,538/- with 10% interest within 30 days. Despite the order, the employer failed to pay. Consequently, the petitioner requested the Labour Authority to initiate recovery proceedings under the Tamil Nadu Revenue Recovery Act. The Payment of Gratuity Authority issued a letter dated January 7, 2025, directing the first respondent to recover the defaulted gratuity amount of Rs. 1,94,288/- with 15% compound interest. The petitioner made a representation on July 26, 2025, requesting immediate action to recover the amount. Due to the respondents' inaction, the petitioner has filed a writ petition seeking a direction to recover the gratuity amount for medical expenses.

4. The learned Additional Government Pleader appearing for the first and second respondent submits that if a direction is issued by this Court, the respondents will take steps to recover the defaulted gratuity amount from the third respondent and disburse the same to the petitioner.

5. Heard both sides and perused the records.

6. Considering the facts and circumstances of the case, this Court directs the first and second respondents to recover the defaulted gratuity amount of Rs.1,94,288/- with 10% compound interest from M/s.R.K.Steel Manufacturing Company Private Limited, the third respondent herein, within a period of six weeks from the date of receipt of copy of this order. Upon recovery, the said amount shall be disbursed to the petitioner forthwith.

7. With the above directions, this Writ Petition stands disposed of. No costs.

03-09-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Chennai District, Office Of The District Collectorate, Singaravelar Maligai, 62 Rajaji Salai, Chennai 600 001.

2.THASILDAR Puraawakam Taluk, No. 3 Raja Muthaiah Salai, Purasawakam, Chennai 600 003.

K.SURENDER, J.

jai 03-09-2025