V.Manoharan v. Union Territor Yof Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.27000 of 2018 and 31387 and 31389 of 2018 1.V.Manoharan 2.S.Sivashanmugam 3.I.Zeinoulabadine 4.N.Krishnamoorthy 5.K.Abdul Wahab 6.R.Chandravathanam 7.G.Rajan 8.N.Selvakumar 9.T.Kuppusamy 10.P.Sadasivam 11.R.Krishnakumar 12.R.Pandian 13.P.K.Kuppsamy 14.R.Augustine Lionel 15.S.Jayamurthy
...Petitioners
Vs
1. Union Territory of Puducherry represented by the Chief Secretary Government of Puducherry Puducherry.
2. The District Collector of Puducherry Saram, Puducherry 605 013.
3. Anglo French Textiles Unit of Pondicherry Textile Corporation Limited represented by its Managing Director Mudaliarpet, Puducherry 605 004.
4. The Controlling Authority under the Payment of Gratuity Act 1972-cum-Labour Officer (Enforcement) Puducherry.
5. The Ministry of Home Affairs, Government of India represented by its Secretary, New Delhi
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to forthwith pay the amounts of gratuity due and payable to the petitioners together with compound interest at 10 percentage thereon from the respective dates of their retirement.
` For Petitioner :Mr.K.Doraisami, Senior Counsel for M/s.Muthumani Doraisami For Respondents:Ms.N.Mala for R1 to R3 Ms.Poonam Chopra, CGSC for R5
O R D E R
The petitioners 1 to 15 have filed this writ petition for a direction to the respondents herein to forthwith pay the amounts of gratuity due and payable to the petitioners together with interest at 10% thereon from the respective dates of their retirement. The petitioners also contend that revenue recovery proceedings must be directed to be expedited for the purpose of collecting the gratuity amount.
2. The various amounts payable to the petitioners 1 to 15, listed out in paragraph 13 of the affidavit, is given below. S.N o Name Gratuity Amount as per Form R (Rs.) Interest at 10% (Rs.) Total amount due upto September 2018 (Rs.) 1.
V.Manoharan 6,76,291 3,71,960 10,48,251 2.
S.Sivashanmugam 5,47,502 3,01,126 8,48,628 3.
I.Zeinoulabadin e 9,62,414 5,12,967 14,75,381 4.
N.Krishnamoorth y 4,43,625 2,36,452 6,80,077 5.
K.Abdul Wahab 9,16,388 4,81,104 13,97,492 6.
R.Chandravathan am 7,30,000 3,89,090 11,09,090 7.
G.Rajan 6,29,239 3,25,128 9,54,367 8.
N.Selvakumar 5,68,559 2,62,958 8,31,517 9.
T.Kuppusamy 5,68,559 2,62,958 8,31,517 10.
T.Sadasivam 7,09,119 3,27,967 10,37,086 11.
R.Krishnakumar 5,97,734 2,73,941 8,71,675 12.
R.Pandian 9,36,403 3,19,969 12,56,372
S.N o Name Gratuity Amount as per Form R (Rs.) Interest at 10% (Rs.) Total amount due upto September 2018 (Rs.) 13.
P.K.Kuppusamy 6,50,641 2,16,663 8,67,304 14.
R.Augustine Lionel 8,85,000 2,72,845 11,57,845 15.
S.Jayamurthy 5,68,559 1,70,568 7,39,127
3. Learned counsel for the petitioners would submit that atleast some initial payment should be made so that there is no impediment to celebrate the festival of Deepavali.
4. Learned counsel for the third respondent, on instructions, would submit that the management agrees to pay Rs.50,000/- (Rupees Fifty Thousand only) to each of the petitioner, before the festival of Deepavali. The remaining amount shall be paid immediately after the sale of the property by the management, as directed by this Court, and in any event, within a period of four months from the date of receipt of a copy of this order.
5. The submission of the learned counsel for the petitioners / workmen that no contempt petition will be filed before the payment of the remaining amount within a period of four monthsas stipulated above, is also placed of record.
6. It is represented by the learned counsel for the management that if the property is not sold, even by the Advocate Commissioner, who has been appointed by this Court in W.P.No.24642 of 2018, the management may be at liberty to seek for further extension of time, and the liberty is granted.
7. With the above directions, the writ petition is disposed of. No costs. Consequently, W.M.P.Nos. 31387 and 31389 of 2018 is closed.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar kst
To
1. The Chief Secretary Government of Puducherry Puducherry.
2. Anglo French Textiles Unit of Pondicherry Textile Corporation Limited represented by its Managing Director Mudaliarpet, Puducherry 605 004.
3. The Controlling Authority under the Payment of Gratuity Act 1972-cum-Labour Officer (Enforcement) Puducherry.
4. The Secretary Ministry of Home Affairs, Government of India New Delhi
5. The District Collector of Puducherry Saram, Puducherry 605 013 +1 CC to Ms.N. Mala, Advocate sr 76002.
+1 CC to Ms. Muthumani Doraisamy, Advocate sr 75866. +1 CC to Govt. Pleader(Puducherry) sr 76187.
W.P.No.27000 of 2018 and WMP Nos.31387 & 31389/2018 NMI(CO) SP(02/11/2018)