D.Manimegalai v. The Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY D.Manimegalai ... Petitioner Vs.

1.The Chief Executive Officer Tamil Nadu Khadi & Village Industries Board Kuralagam, Chennai 600 108.

2.The Deputy Commissioner of Labour The Controlling Authority under the Payment of Gratuity DMS, Chennai.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to implement the order passed by the second respondent dated 26.03.2024. 1/5

For Petitioner : Mr.Sajeeiv For Respondents : Mr.C.Rajakumar Khadi Board for R1 Mr.K.Surendran for R2 Additional Government Pleader

ORDER

The matter is taken up for hearing and disposed of at the admission stage itself considering the nature of the relief that is prayed for. This Writ Petition is filed for a Writ of Mandamus directing the first respondent to implement the order passed by the second respondent dated 26.03.2024. The second respondent being the Authority under the Payment of Gratuity Act, upon application by the petitioner has taken the same on file as PG.No.65 of 2022. After enquiry and hearing, the first respondent was directed to pay a sum of Rs.2,08,615/- with 10% interest within a period of 30 days from the date of the order.

2. Admittedly, neither any appeal has been preferred nor the order has been challenged in the manner known to law and it has become 2/5

final. Once the order of the Payment of Gratuity has become final, it goes without saying that the first respondent has to comply with the same.

3. When the matter came up for admission today, the matter was passed over and papers were circulated to the learned Standing Counsel. The learned counsel was not able to point out that the order of the Payment of Gratuity Authority has been challenged before any forum.

4. In view thereof, this Writ Petition is allowed directing the respondent to implement the order passed by the second respondent dated 26.03.2024 within a period of 12 weeks from the date of receipt/production of the website uploaded copy of this order, without waiting for the certified copy of the order. No costs.

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To 1.The Chief Executive Officer Tamil Nadu Khadi & Village Industries Board Kuralagam, Chennai 600 108.

2.The Deputy Commissioner of Labour The Controlling Authority under the Payment of Gratuity DMS, Chennai.

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D.BHARATHA CHAKRAVARTHY , J.

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