The President v. The Payment Gratuity Act, 1972 Control Officer-Cum-The Deputy Commissioner (I/C)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.1700, 1703, 1701, 1702 and 1705 of 2024 W.P.(MD)No.1667 of 2024 Jeyamangalam Village Panchayat, O/o.Jeyamangalam Village Panchayat,
2. T.Eswaran pertaining to the impugned order dated 12.09.2022 made in P.G.No.43 of 1/9
2022 passed by the 1st respondent and quash the same. For Petitioner : No appearance For R2 : Mr.L.Shaji Chellan For R3 : Mr.C.Venkatesh Kumar, Special Government Pleader W.P.(MD)No.1668 of 2024 Jallipatti Village Panchayat, O/o.Jallipatti Village Panchayat,
2. M.Sivanandi pertaining to the impugned order dated 05.09.2022 made in P.G.No.25 of 2022 passed by the 1st respondent and quash the same. 2/9
For Petitioner : No appearance For R2 : Mr.L.Shaji Chellan For R3 : Mr.C.Venkatesh Kumar, Special Government Pleader W.P.(MD)No.1669 of 2024 Silvarpatti Village Panchayat, O/o. Silvarpatti Village Panchayat,
2. P.Muthammal pertaining to the impugned order dated 05.09.2022 made in P.G.No.27 of 2022 passed by the 1st respondent and quash the same. For Petitioner : No appearance 3/9
For R2 : Mr.L.Shaji Chellan For R3 : Mr.C.Venkatesh Kumar, Special Government Pleader W.P.(MD)No.1670 of 2024 Silvarpatti Village Panchayat, O/o. Silvarpatti Village Panchayat,
2. D.Paramasivam pertaining to the impugned order dated 05.09.2022 made in P.G.No.26 of 2022 passed by the 1st respondent and quash the same. For Petitioner : No appearance For R2 : Mr.L.Shaji Chellan For R3 : Mr.C.Venkatesh Kumar, Special Government Pleader 4/9
W.P.(MD)No.1671 of 2024 Silvarpatti Village Panchayat, O/o. Silvarpatti Village Panchayat,
2. P.Kamu pertaining to the impugned order dated 12.09.2022 made in P.G.No.28 of 2022 passed by the 1st respondent and quash the same. For Petitioner : No appearance For R2 : Mr.L.Shaji Chellan For R3 : Mr.C.Venkatesh Kumar, Special Government Pleader 5/9
COMMON ORDER These writ petitions have been filed by the Panchayats as against the orders passed by the first respondent/the Authority under the Payment of Gratuity Act, 1972.
2. The second respondent in all these writ petitions were engaged as Sweepers and Overhead Water Tank Operators in the respective Panchayats. They filed petitions before the first respondent/the Authority under the Payment of Gratuity Act, claiming gratuity and the same were allowed by the first respondent, by impugned order in these writ petitions.
3. This Court, while entertaining these writ petitions on 24.01.2024, granted an order of interim stay subject to the payment of 50% of the order passed by the first respondent. However, according to the learned counsel for the second respondent, the said order has not been complied with.
4. When these writ petitions were taken up for final hearing on 24.09.2025, there was no representation for the petitioner. Therefore, these writ petitions were directed to be listed today under the caption "For 6/9
Dismissal". Even today, there is no representation for the petitioner.
5. The learned counsel appearing for the second respondent submits that as against the order of the first respondent/the Authority under the Payment of Gratuity Act, the petitioner is having an appeal remedy under Section 7(7) of the Payment of Gratuity Act. However, without invoking the appeal remedy, these writ petitions have been filed.
6. Though a statutory appeal remedy is available to the petitioner, without exhausting the appeal remedy, these writ petitions have been filed. Further, the conditional interim order passed by this Court on 24.01.2024 has not been complied with by the petitioner. Therefore, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
25.09.2025 NCC : Yes/No Index :Yes/No Internet : Yes/No ogy 7/9
To
2. The Block Development Officer 8/9
B.PUGALENDHI,J.
ogy 25.09.2025 9/9