D.Jebakumar v. The Management

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. Nos. 30981 and 30982 of 2019 W.P. No. 30981 of 2019:- D.Jebakumar ... Petitioner -vs1. The Management, Lord Venkateswara Engineering College, Puliambakkam, Walajahbad Post,

2. The Assistant Commissioner of Labour, (The Controlling Authority under the Payment of Gratuity Act)

3. The District Collector,

4. The Thasildar,

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Fourth Respondent to take necessary action to recover the amount due to the Petitioner under the Revenue Recovery Act from the First Respondent, as per the proceedings of the Third Respondent dated 26.04.2019.

W.P. No. 30982 of 2019:- Mr.D.Jebakumar ... Petitioner -vs1. The Management, Lord Venkateswara Engineering College, Puliambakkam, Walajahbad Post,

2. The Joint Commissioner of Labour - II, (Authority under the Payment of Wages Act)

3. The District Collector,

4. The Thasildar, ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Fourth Respondent to take necessary action to recover the amount due to the Petitioner under the Revenue Recovery Act from the First Respondent, as per the proceedings of the Third Respondent dated 08.02.2019.

For Petitioner : Mr. S.Anbazhagan (in both W.P.s) (in both W.P.s) For Respondents: Mr. C.V.Subramanian (for R1) (in both W.P.s) Mr. D.Sathyaraj, Special Government Pleader (for R2 to R4) C O M M O N O R D E R (through video conference) Heard Mr. S.Anbazhagan, Learned Counsel for the Petitioner, Mr. C.V.Subramanian, Learned Counsel for the First Respondent and Mr. D.Sathyaraj, Learned Special Government Pleader appearing for the Second to Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petitions have been filed for a direction to the Fourth Respondent to take necessary action to recover the amount due to the Petitioner under the Revenue Recovery Act, 1890, from the First Respondent as per the proceedings of the Third Respondent dated 08.02.2019 and 26.04.2019. 3.

Learned Special Government Pleader appearing for the Second to Fourth Respondents, on instructions, states that in furtherance to the earlier orders dated 05.08.2020 and 10.09.2020 passed by this Court, the entire amount due to the

Petitioner has been recovered from the Third Respondent and paid to him as per the particulars shown below:- Date of payment to the Petitioner S.

No.

Particulars Cheque No. and Date Amount (in Rs.) 1.

Part payment of wages, costs and gratuity 076447/25.08.20 1,25,000 /- 11.09.2020 2.

Part payment of wages, costs and gratuity 076448/25.08.20 25,000/- 11.09.2020 3.

Part payment of wages, costs and gratuity 076453/26.08.20 79,538/- 11.09.2020 4.

Interest for belated payment of gratuity 743949/21.09.20 47,515/- 24.09.2020 Learned Counsel for the Petitioner acknowledges the receipt of the aforesaid amounts in full satisfaction of the order dated 26.03.2018 in P.G. No. 37 of 2017 and the order dated 09.04.2018 in P.W. No. 16 of 2017 passed by the respective Second Respondent in these Writ Petitions. In view of the subsequent events, nothing remains for further consideration in the matter. 4.

Accordingly, the Writ Petitions are disposed. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar vjt To

1. The Management, Lord Venkateswara Engineering College, Puliambakkam, Walajahbad Post,

2. The Assistant Commissioner of Labour, (The Controlling Authority under the Payment of Gratuity Act) Chennai - 600 006.

3. The District Collector,

4. The Thasildar,

5. The Joint Commissioner of Labour - II, (Authority under the Payment of Wages Act) W.P. Nos. 30981 and 30982 of 2019 LN(CO) SP(16/10/2020)