V.Kubendran v. The Deputy Commissioner Of Labour

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)No.5603 of 2025 Dr.V.Kubendran ... Petitioner Vs.

1.The Deputy Commissioner of Labour, Controlling Authority Under Payment of Gratuity Act 1972, O/o. the Joint Commissioner Labour, Dr.Balasundaram Road, Att Colony, Coimbatore.

2.The Management, (Represented by the Registrar), Bharathiar University, Maruthamalai Road, Coimbatore 641 046.

3.The Secretary to the Government, (Convener of Governing Council, Bharathiar University,)

Department of Higher Education, Government of Tamil Nadu, St.George Fort, Chennai 600 009.

4.The Additional Labour Commissioner (Gratuity), O/o.The Additional Labour Commissioner , Dr.Balasundaram Road, ATT Colony, Coimbatore - 641 018.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to release the pre deposited Gratuity amount for a sum of Rs.8,33,355 /- (Rupees Eight Lakhs thirty three thousands three hundred and fifty five only) to the petitioner which was deposited by the 2nd respondent based on the order passed by the Deputy Commissioner of Labour, Controlling Authority under the Payment of Gratuity Act, Coimbatore vide No. GA 250/2019 dated 03.05.2023. For Petitioner :

Mr.G.Kasinathadurai For Respondents :

Mr.S.Shanmugavel, Addl. Govt. Pleader for R1, R3 & R4 No Appearance for R2

O R D E R

This matter earlier came up for consideration on 19.03.2025 and this Court, after having noticed that the order passed by the respondent No.1, dated 08.08.2024, directing for payment of gratuity to the petitioner, has attained finality, directed the learned Additional Government Pleader to ascertain as to why the respondent No.1 has not disbursed the gratuity amount in deposit before him.

2. When the matter is taken up for consideration today, the learned Additional Government Pleader, on instructions, submitted that the order dated 08.08.2024 passed by the respondent No.1 has already attained finality and there is no impediment for disbursal of the amount in favour of the petitioner and seeks time for disbursal of the amount lying and deposit with the first respondent.

3. In the light of the above, this Writ Petition is disposed of directing the respondent No.1 to disburse the amount deposited by the respondent No.2, pursuant to the order dated 08.08.2024, bearing No.M3/2499/2024, within a period of two weeks from today, together with interest if any accrued thereon.

4. Accordingly, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 24.03.2025 Index :

Yes / No vsm

To 1.The Deputy Commissioner of Labour, Controlling Authority Under Payment of Gratuity Act 1972, O/o. the Joint Commissioner Labour, Dr.Balasundaram Road, Att Colony, Coimbatore.

2.The Management, (Represented by the Registrar), Bharathiar University, Maruthamalai Road, Coimbatore 641 046.

3.The Secretary to the Government, (Convener of Governing Council, Bharathiar University,) Department of Higher Education, Government of Tamil Nadu, St.George Fort, Chennai 600 009.

4.The Additional Labour Commissioner (Gratuity), O/o.The Additional Labour Commissioner , Dr.Balasundaram Road, ATT Colony, Coimbatore - 641 018.

MUMMINENI SUDHEER KUMAR, J.

vsm 24.03.2025