N.V.Srinivasan v. Union Territory Of Puducherry,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA W.P.No.30144/2018 :
1.N.V.Srinivasan (Code No.S-1014) 2.T.Rajakumar (Code No.S-0868) 3.N.Meenatchisundaram (Code No.S-1399) 4.R.Balasubramanian (Code No.S-1068) 5.V.S.Shanmugam (Code No.S-0992) 6.M.Ragupathy (Code No.S-0976) 7.Christopher Fernandez (Code No.S-1268) 8.K.Kannan (Code No.S-0947) ... Petitioners Vs.
1.Union Territory of Puducherry, Represented by its Chief Secretary - cum- Chairman, Pondicherry Textile Corporation Limited, Puducherry - 605 001.
2.Anglo French Textiles, Unit of Pondicherry Textile Corporation Limited, Represented by its Managing Director, Mudaliarpet, Puducherry - 605 004.
... Respondents
W.P.No.2333/2019 :
N.R.Trade Union Congress, Represented by its President, Mr.Mohandass, No.27, Pudhu Street, Kounderpalayam, Puducherry - 605 009.
... Petitioner Vs.
1.Union Territory of Puducherry, Represented by its Chief Secretary, Government of Puducherry, Puducherry - 605 001.
2.The District Collector of Puducherry, Government of Puducherry, Saram, Puducherry - 605 013.
3.The Anglo French Textiles, A Unit of Pondicherry Textile Corporation Limited, Represented by its Managing Director, Mudaliarpet, Puducherry - 605 004.
... Respondents Prayer in W.P.No.30144/2018 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to forthwith settle all the amounts payable to the petitioners such as retirement benefit fund, encashment of unavailed earned leave, Employer's and Employees' Contribution of Provident Fund, salary deducted for the months of July and August 2012, etc. together with interest at 12% in view of belated payment.
Prayer in W.P.No.2333/2019 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to forthwith pay the interest at the rate of 10% per annum payable thereon on the amounts of gratuity due to the members of the petitioner's Union from the respective dates of their retirement. In W.P.No.30144/2018 :
For Petitioners : Mr.Kandhan Duraisami For R1 : Ms.Sharada Vivek, AGP (Puducherry) For R2 : Ms.Priyatharsini Balayogeshwaran In W.P.No.2333/2019 :
For Petitioner : Mr.V.Kamala Kumar For R1 : Ms.Sharada Vivek, AGP (Puducherry) For R2 : Ms.Priyatharsini Balayogeshwaran COMMON ORDER The writ petitioners were all employed in Pondicherry Textile Corporation Limited which is a Government of Puducherry undertaking. They retired under Voluntary Retirement Scheme. However, they have
not been paid retirement benefits such as the encashment of unavailed earned leave, Employer's and Employees' Contribution of Provident Fund, salary deducted for the months of July and August 2012, etc. together with interest at 12% per annum. According to the writ petitioners, income is the foundation of any fundamental right and if, Anglo French Textiles suffer from the deficiency of funds to settle writ petitioners' payments, it is always open to the corporation to sell any of the landed properties of the Anglo French Textiles and pay the amounts due to the workers. 2.Mr.Kandhan Duraisami, learned counsel for the writ petitioners would contend that though all the writ petitioners had retired voluntarily during the year 2013, they have not been paid their contribution of provident fund and that their salary was also deducted for the months of July and August 2012. According to him, the representations of the writ petitioners dated 07.05.2018 & 15.10.2018 did not evoke any response from the respondents.
3.Ms.Priyatharsini Balayogeshwaran, learned counsel appearing for the second respondent filed a counter affidavit in which in para 9 it is stated thus :
"9. I respectfully submit that, even though all the claim of the petitioners can't be claimed as of right as explained in the above para still the mill management is accepting all the dues and ready to pay them due to the reason that to give the maximum benefit to the employees as a model employer. But the only contention is that the mill management has to pay first statutory dues like Gratuity, Provident Fund dues and Employees State Insurance Corporation dues, subsequently the other terminal benefits has to be prioritized and to dealt with". In the additional typed set of papers in para 18, it is mentioned thus : "18. In a nutshell I humbly submit that with regard to the claims of i. Salary :
The petitioners will be paid 50% of the salary as per G.O.
ii. Retirement Benefit Fund :
Though the petitioners are not eligible for it, if the Government sanctioned for payment they will be
paid.
iii. Provident Fund :
EPF Contribution were fully paid except for the years 2012 & 2013 and which is pending due to the G.O. challenge in W.P.No.3121/2022 iv. Leave Salary :
Leave Salary was fully paid."
The second respondent relied on G.O.Ms.No.1/2014-Ind.B dated 22.07.2014 passed by the Government of Puducherry wherein it is stated that the Government has agreed for the payment of ex gratia not exceeding 50% of the basic pay, dearness allowance, house rent allowance and other applicable allowances to all the employees of the Anglo French Textiles during the period from 01.01.2012 to 22.11.2012 and from 25.02.2013 to 04.11.2013 as the said period was declared as holidays and the employees cannot claim full wages without actually doing any work. That was the reason for ex gratia not exceeding 50% of wages.
4.In the circumstances, the respondents 1 & 2 in WP No.30144 of 2018 are directed to pay the retirement benefits to the writ petitioners under the head of Employers and Employees Contribution Provident Fund, Retirement Benefits Fund and salary deducted for the months of July & August 2012 in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
5. Accordingly, these Writ Petitions are disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 07.11.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl
To 1.Union Territory of Puducherry, Represented by its Chief Secretary - cum- Chairman, Pondicherry Textile Corporation Limited, Puducherry - 605 001.
2.The District Collector of Puducherry, Government of Puducherry, Saram, Puducherry - 605 013.
R. HEMALATHA, J.
mtl 07.11.2023