Madras High CourtWP(MD)/16836/2013dismissed as infructuous

C.Chinnadurai, v. The Assistant Commissioner Of

2022-06-21Honourable Mr Justice G. Chandrasekharan2 pages

W.P.(MD).No.16836 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD).No.16836 of 2013 C.Chinnadurai ... Petitioner vs.

1.The Assistant Commissioner of Labour, Controlling Authority under the Payment of Gratuity Act, 1972, Trichirapalli -20.

2.The Administrator, The Pudukottai District Co-operative Spinning Mills Limited, Aranthangi 614616, Pudukottai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandmaus directing the first respondent to consider and pass orders on the petitioner's representation, dated 10.07.2013, with regard to issuance of Recovery Certificate under Rule 19 of the Payment of Gratuity Rules, 1972 for an amount of Rs.2,70,534/- with 10% interest as per the order dated 13.03.2013 made in P.G.Cases No.15/13 by the first respondent, within a stipulated time as may be fixed by this Court. For Petitioner : Mr.S.Balaji for Mr.S.Durairaj For R1 : No appearance For R2 : Mr.M.Elanchezhian

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandmaus directing the first respondent to consider and pass orders on the petitioner's representation, dated 10.07.2013, with regard to issuance of Recovery Certificate under Rule 19 of the Payment of Gratuity Rules, 1972, for an amount of Rs.2,70,534/- with 10% interest, as per the order dated 13.03.2013 made in P.G.Cases No.15/13 by the first respondent.

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W.P.(MD).No.16836 of 2013

2. When the matter is taken up, the learned counsel appearing for the second respondent submitted that the petitioner was paid the gratuity amount at Rs.2,70,533/- even as early as on 20.03.2014. In support of his submission, he produced the xerox copy of the Register showing passing of bill for Rs.2,70,533/- towards gratuity amount through cheque bearing No.01026631, dated 20.03.2014. It shows that the petitioner was already paid the gratuity amount. Therefore, nothing survives in this writ petition for adjudication.

3. In this view of the matter, this Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // /06/2022 Sub Assistant Registrar(CS) To The Presiding Officer, Labour Court, District Court Building, Melur Road, Madurai 625 020.

W.P.(MD).No.16836 of 2013 21.06.2022 SS/29/06/2022/ 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2