Tuticorin District v. The Controlling Authority,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.12483 and 12484 of 2014 and M.P.(MD) Nos.1 and 1 of 2014 Tuticorin District Co-operative Printing Press rep. by its Managing Director A.Jaisankar ... Petitioner in both W.Ps.

Vs.

1. The Controlling Authority under the payment of Gratuity Act, Assistant Commissioner of Labour, Tirunelveli.

... 1st respondent in both W.Ps.

2.E.Yotham Dharmasingh ... R2 in W.P.12483/14 3.P.Ganapathy ... R2 in W.P.12484/14 Common Prayer: These writ petitions are filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the proceedings of the impugned order in PG.No.79/11 and 6 of 2012 on the file of the 1st respondent dated 26.07.2013 and quash the same.

In both petitions For petitioner : Mr.R.Maheswaran For Respondent No.1 : Mr.K.Saravanan, G.A.

For Respondent No.2 Mrs.M.Maria Vinola for M/s.D.Geetha

ORDER

The petitioner Management is aggrieved by the orders passed by the Controlling Authority under Section 7(4) of Payment of Gratuity Act, 1972. Under Section 7(7) of the said Act, there is a statutory appeal remedy available. No case has been made out for bypassing the said statutory appeal remedy. The amount involved in the case is too nominal. Both the writ petitions are therefore dismissed.

No costs.

Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(P&A) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The Assistant Commissioner of Labour, Controlling Authority under the payment of Gratuity Act, Tirunelveli.

+1cc to M/s.D.Geetha, Advocate Sr.No.46675 +1cc to the Spl.Government Pleader Sr.No.46545 ARUL VB/SKN/RSK/SAR4/23.02.2018/2P/4C W.P.(MD)Nos.12483 and 12484 of 2014 and M.P.(MD) Nos.1 and 1 of 2014 05.02.2018 https://hcservices.ecourts.gov.in/hcservices/