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Madras High CourtWMP(MD)/8485/2025allowed

The Management v. The Assistant Commissioner Of Labour

2025-08-21Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of August, Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR in WP(MD)No.19046 of 2018 The Management, Tuticorin Thermal Power Station, Tamil Nadu Electricity Board, Port Building Salai, Tuticorin 628 004.

Rep. by the Superintending Engineer (P and A) ... Petitioner/Petitioner Vs

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

2. The Additional Commississioner of labour Appellate Authority under the payment of Gratuity Act Office of Addl.Commissioner of Labour, Madurai.

3. K.KARUPPASAMY.

... Respondents 1/4

Prayer in WMP(MD)No.19046/2018 :- This Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India,to restore W.P.(MD).No.19046 of 2018 which has been dismissed for nonprosecution by order dated 28.11.2024. WP Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records of the 2nd respondent in Case No. Gratuity Appeal 10 of 2017 and quash its order dated 05.10.2017, confirming the order of the 1st respondent dated 09.07.2016 in Case No.PG.161/2013.

Order:

This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Anand Gopalan, Advocate for Agam Legal for the Petitioner and Mr.D.Farjana Ghousia , Spl.Government Pleader for the 1st and 2nd respondents, this Court made the following order:

"Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Writ Miscellaneous Petition stands allowed".

Sd/- Assistant Registrar ( C.S. II ) // True Copy // / /2025 Sub Assistant Registrar ( CS - I / II / III / IV ) 2/4

To.

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

2.The Additional Commississioner of labour Appellate Authority under the payment of Gratuity Act Office of Addl.Commissioner of Labour, Madurai.

Copy to:

The Spl.Government Pleader, Madurai Bench of Madras High Court, Madurai.

3/4

ORDER DATED : 21/08/2025 ========================

ORDER

======================== in WP(MD)No.19046 of 2018 Giving direction and etc.

as stated within.

SB/15.09.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4