P Rajendran v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Rejendiran ... Petitioner Vs.

1.The Chairman PRTC /Secretary (Transport), Puducherry Road Transport Corporation Ltd, Puducherry 605 001.

2.The Managing Director Puducherry Road Transport Corporation Ltd, Raja Nagar, Puducherry 605 013.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to pay the interest amount at 10 percentage on gratuity amounting to Rs.2,29,031/- as in accordance with the order passed by the controlling authority cum Labour officer (Enforcement) Puducherry and based on petitioners representation dated 02.07.2025 within a time frame that may be stipulated by this Honourable court.

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For Petitioner : M/s.S.Lakshmi Narayanan For Respondents : M/s.Sreedhar, Standing Counsel for R.1 & R.2.

O R D E R

The writ petition has been filed for the following reliefs:- " directing the respondents to pay the interest amount at 10 percentage on gratuity amounting to Rs.2,29,031/- as in accordance with the order passed by the controlling authority cum Labour officer (Enforcement) Puducherry and based on petitioners representation dated 02.07.2025 within a time frame that may be stipulated by this Honourable court.."

2. The case of the petitioner is that he was appointed as aConductor in the respondent Transport Corporation on 24.06.1988 and retired from service on attaining the age of superannuation on 31.10.2022. However, since the 2nd respondent had failed to pay the gratuity amount after his superannuation, he had sent a request letter to the respondents for settling the gratuity amount. However, the respondents have not taken any steps to settle the said amount.

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3. Aggrieved by the inaction of the respondents, the petitioner had filed an Application in G.A.No.73/2023 under Section 7(4) of the Payment of Gratuity Act, 1972 before the Controlling Authority cum Labour Officer (Enforcement), Puducherry claiming gratuity amount payable along with applicable interest. The Authority had passed an order dated 19.08.2024 directing the respondents to pay the gratuity amount of Rs.9,44,714/- to the petitioner along with simple interest @ 10% from 31.03.2022 till the date of payment. However, the respondents have not fully complied with the order passed by the Authority.

4. Thereafter, on 04.04.2025, the respondents had paid only the principal gratuity amount of Rs.4,46,938/- without paying the applicable interest which is a sum of Rs.2,29,031/- as per the order dated 19.08.2024. Therefore, the petitioner had once again sent a representation dated 02.07.2025 to pay the gratuity amount in accordance with law. However, the same has not been considered to date. Hence, the Writ Petition.

5. Heard the learned counsel on either side and perused the materials available on record.

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6. Considering the facts and circumstances of the case and also taking note of the fact that the respondents have not fully complied with the order passed by the Controlling Authority cum Labour Officer (Enforcement), Puducherry in GA.No.73/2023 dated 19.08.2024, the Writ Petition is allowed. The respondents are directed to consider the petitioner's representation dated 02.07.2025 and pass orders in accordance with law within a period of 3 months from the date of receipt of a copy of this order. No costs.

25.08.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Chairman PRTC /Secretary (Transport), Puducherry Road Transport Corporation Ltd, Puducherry 605 001.

2.The Managing Director Puducherry Road Transport Corporation Ltd, Raja Nagar, Puducherry 605 013.

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P.T. ASHA . J., (shr) 25.08.2025 (2/5) 5/5