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Madras High CourtWP/37155/2024disposed of

Kaliappan v. The District Collector

2025-01-03Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

1. Kaliappan

2. Kaveri

3. Balaraman

4. Krishnamoorthy ... Petitioners Vs The District Collector, Dharmapuri, Dharmapuri District.

The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

The Tahsildar, Dharmapuri, Dharmapuri District.

The Management, Tamil Nadu State Transport Corporation Limited, (Salem Division), Dharmapuri Region, Bharathipuram, Dharmapuri -5, Represented by its General Manager.

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5.

The Controlling Authority, (Under Payment of Gratuity Act, 1972) The Assistant Commissioner of Labour, O/o. Deputy Commissioner of Labour, Salem.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to take immediate and effective steps under Revenue Recovery Act to recover the sum of Rs.2,44,070/- along with interest from the fifth respondent in pursuance to the proceedings of the third respondent in Na.Ka.3031/2022/A2 dated 16.06.2023 within the stipulated time.

For Petitioners : Mr.R.Geethalakshmi For R1 to R3 & R5 : Mr.K.Tamilvendhan Government Advocate For R4 : Mr.K.Raja, Standing Counsel

ORDER

This writ petition is filed for a direction directing the respondents to take steps under the Revenue Recovery Act to recover a sum dues to the petitioners workmen in accordance with law.

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2. When the matter came up for hearing today, the learned counsel appearing on either side would submit that the entire amount has been paid to the petitioners workmen and the details are as follows: CALCULATION MEMO FILED BY THE 4 th RESPONDENT Sl.No.

Name of the Petitioner Gratuity Amount Rs.

6% Interest for Gratuity Paid Details in Rs.

4% Interest in Paid Details in Rs.

T.Kaliappan, FC5090, Rtd:30.06.2012 4,59,741/- Paid through Chq No. 889070 Dt: 17.02.2014 41,377/- ECS-10.01.2019 (from - 8/12 to 1/2014=18 months) 28,517/- Chq No. 305735, Dt: 26.12.2024 K.Kaveri, CR1593, Rtd:31.05.2012 3,46.620/- Paid through Chq No: 889073 Dt: 17.02.2014 32, 929/- ECS-10.01.2019 (from - 7/12 to 1/2014=19 months) 22,640/- Chq No. 305736, Dt: 26.12.2024 A. Balaraman, FC5164, Rtd:31.07.2012 4,49.631/- Paid through Chq No: 889078 Dt: 17.02.2014 38,219/- ECS-10.01.2019 (from - 9/12 to 1/2014=17 months) 26,362/- Chq No. 305737, Dt: 26.12.2024 K.C.Krishnamoorthy CR1947, Rtd:31.05.2012 3,15,090/- Paid through Chq No: 889083 Dt: 17.02.2014 29,934/- ECS-10.01.2019 (from - 7/12 to 1/2014=19 months) 20,580/- Chq No. 305738, Dt: 26.12.2024 Total Rs.1,42,459/- Rs. 98,099/-

3. In view thereof, nothing further remains to be decided in this writ petition. It is observed that all the amounts have been paid to the petitioners workmen itself. If any amount has been deposited to the credit of the 3/5

authorities, the workmen will be entitled to withdraw the said sum along with the accrued interest if any.

4. In view of the above, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 03.01.2025 nsl To The District Collector, Dharmapuri, Dharmapuri District.

The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

The Tahsildar, Dharmapuri, Dharmapuri District.

The General Manager, The Management, Tamil Nadu State Transport Corporation Limited, (Salem Division), Dharmapuri Region, Bharathipuram, Dharmapuri -5, 5.

The Controlling Authority, (Under Payment of Gratuity Act, 1972) The Assistant Commissioner of Labour, O/o. Deputy Commissioner of Labour, Salem.

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D.BHARATHA CHAKRAVARTHY, J.

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