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Madras High CourtWP/35161/2025disposed of

S. Vetrivel v. The District Collector

2025-09-26Honourable Mrs.Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA S.Vetrivel, S/o.Shanmugam, No.1, Murugan Kovil Street, Valluvarmedu, Puducherry-607 402.

Petitioner(s) Vs

1. The District Collector, I-Floor, New Collectorate Building, Vazhudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.

2.The Chariman PRTC/ Secretary (Transport), Puduchery Road Transport Corporation Limited, Puducherry - 605 001.

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

Respondent(s) Writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, to direct the 1 st respondent to recover and pay the petitioner the applicable interest amount of Rs.3,34,781/- calculated at 10% on Rs. 9,16,928/- from 31.07.2022 to 20.07.2023 and the compound interest at 15% from 21.07.2023 to 02.04.2025 from the 3 rd respondent as in accordance 1/8

with the order passed by the Controlling Authority -cum- Labour officer (Enforcement), Puducherry within the time frame that may be stipulated by this Hon'ble Court.

For Petitioner(s):

Mr.S. Lakshmi Narayanan For Respondent(s):

M/s.G.Djearany, Government Advocate for R1 Mr.R.Sreedhar, Additional Government Pleader for R2 and R3

ORDER

Writ petition is filed for a mandamus, directing the 1 st respondent to recover and pay the petitioner the applicable interest of Rs.3,34,781/- calculated at 10% interest on the sum of Rs.9,16,928/-, from 31.07.2022 to 20.07.2023 and compound interest at 15% from 21.07.2023 to 02.04.2025, from the 3 rd respondent, in accordance with the order passed by the Controlling Authority cum Labour Officer (Enforcement), Puducherry, within time frame stipulated by this Court.

2. The petitioner was appointed as Tradesman with the 3 rd respondent Corporation on 17.01.1990, and was later promoted as Assistant Supervisor. 2/8

The petitioner worked with the 3 rd respondent Corporation till 31.07.2022. The petitioner attained the age of superannuation on 31.07.2022. The petitioner states that the 3 rd respondent post retirement, failed to pay the gratuity amount to the petitioner as per the provisions of Payment of Gratuity Act, 1972 & Rules. The petitioner therefore requested the 3 rd respondent to settle the gratuity amount. However, the 3 rd respondent failed to take any steps to settle the gratuity amount, and so the petitioner filed application under Section 7(4) of the Payment of Gratuity Act, 1972, before the Controlling Authority cum Labour Court Officer (Enforcement), Puducherry, claiming gratuity along with applicable interest. The petitioner states that the Controlling Authority cum Labour Officer, after conducting enquiry, passed an order on 20.07.

2023, in G.A.No.47 of 2023, directing the 3 rd respondent to pay gratuity amount of Rs.9,16,928/-, along with simple interest at 10% from 31.07.2022, till the date of payment. However, the 3 rd respondent failed to comply with the order. On 25.04.

31.07.2022 to 20.07.2023, and compound interest at 15% for the subsequent period vide letter dated 29.05.2023, to the 1 st respondent with further direction, to recover the gratuity dues as arrears of land revenue. Pursuant to the recovery certificate, the 3 rd respondent paid the principle amount of Rs.9,16,928/-, but failed to pay the applicable interest at 10% for the period from 31.07.2022 to 20.07.2023 and 15% compound interest for the subsequent period from 21.07.2023 to 02.04.2025. The petitioner states that interest amount calculated on the basis of the above order dated 20.07.2023, works out to Rs.3,34,781/-. Therefore, the petitioner submitted a representation on 17.07.2025, to the 1 st respondent to initiate recovery proceedings for the aforesaid interest amount. However, since the 1 st respondent did not take any positive steps on the petitioner's representation, the petitioner was constrained to file above writ petition for the aforesaid relief.

3. When the matter was taken up for hearing, the learned Additional Government Pleader, appearing for the respondents 2 and 3, on instructions submitted that the respondents are prepared to pay the interest amount 4/8

Rs.3,34,781/- as per the award of the Controlling Authority cum Labour Officer (Enforcement), Puducherry, dated 20.07.2023, in two instalments. The learned Additional Government Pleader further stated that the first instalment would be paid on or before 30.11.2025, and the balance 50% on or before 30.03.2026.

4. The learned counsel for the petitioner consented to the proposal of the learned Additional Government Pleader.

5. Heard both sides.

6. In view of the consensus arrived at by the learned counsels, the following directions are issued.

i) The 3 rd respondent shall pay 50% of the interest amount of Rs.3,34,781/-, as per award of the Controlling Authority cum Labour Officer (Enforcement) Puducherry, dated 20.07.2023, in G.A.No. 47 of 2023 on or before 30.11.2025.

ii) The 3 rd respondent shall pay the balance 50% on or before 30.01.2026. iii) It is made clear that in case, the 3 rd respondent defaults in the payment 5/8

of any of the aforesaid instalments, the 1 st respondent shall immediately initiate action under the Revenue Recovery Act, for recovery of the amounts. Writ petition is disposed of with the above directions. However, there shall be no order as to costs.

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To 1.The District Collector, I- Floor, New Collectorate Building, Vazhudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.

2.The Chariman PRTC/Secretary (Transport), Puducherry Road Transport Corporation Limited, Puduchery - 605 001.

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

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N.MALA J.

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