Palanichamy .S v. The Registrar Of Co-Operative Society

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.1320 of 2025 S.Palanichamy ... Petitioner Vs.

1.The Registrar of Co-operative Society, 170, E.V.R.Periyar Road, Kilpauk, Chennai.

2.The Regional Joint Registrar, Thanjavur Region, Thanjavur, Thanjavur District.

3.The Deputy Registrar of Co-operative Societies, Thanjavur Circle, Thanjavur District.

4.The Administrator, 1/6

5.The Secretary, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 5th respondent to pay the Earned Leave Enchashment amount of Rs.2,87,024/- as per the order in Sa.Pa.I.Ma.No.06/2023 by the Payment of Wages Controlling Authority, Trichy under Payment of Wages Act 1936, by considering the petitioner's representation, dated.04.09.2024 on merits and in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Velmurugan For R1 - R4 : Mr.A.Baskaran Additional Government Pleader

ORDER

The present writ petition has been filed by a retired Secretary of the 5th respondent Co-operative Society seeking a mandamus to pay earned leave encashment amount of Rs.2,87,024/-.

2. A perusal of the records reveal that the petitioner has approached the authority under the Payment of Wages Act as against the 5th respondent seeking 2/6

payment of the earned leave encashment amount. After hearing both the parties, the payment of wages authority, Tiruchirapalli had passed an order on 26.12.2023 directing the 5th respondent to pay a sum of Rs.2,87,024/- towards earned leave encashment. So far, the 5th respondent has neither complied with the order nor challenged the said order. Hence, the present writ petition. The petitioner has also sent a representation on 04.09.2024 to the 5th respondent to comply with the order.

3. The learned Additional Government Pleader on instructions submits that due to paucity of funds, the order has not yet been complied with and he further submits that the entire amount will be disbursed within a period of six

(6) months.

4. Considering the above said facts, the 5th respondent is directed to disburse a sum of Rs.2,87,024/- as per the orders of the Payment of Wages Act authority, dated 26.12.2023 on or before 31.05.2025. 3/6

5. With the above said directions, this Writ Petition stands disposed of. No costs.

31.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes gbg To 1.The Registrar of Co-operative Society, 170, E.V.R.Periyar Road, Kilpauk, Chennai.

2.The Regional Joint Registrar, Thanjavur Region, Thanjavur, Thanjavur District.

3.The Deputy Registrar of Co-operative Societies, Thanjavur Circle, Thanjavur District.

4.The Administrator, 4/6

5.The Secretary, 5/6

R.VIJAYAKUMAR, J.

gbg 31.01.2025 6/6