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Madras High CourtWP(MD)/1564/2015dismissed

The Village Panchayat v. The Assistant Commissioner

2018-02-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) Nos.1564, 1565, 1566 and 1567 of 2015 and M.P.(MD)Nos.1 and 1 of 2015 W.P. (MD) No.1564 and 1565 of 2015 The Village Panchayat President, P.Viralipatti Village Panchayat Office, Viralipatti (post), Badalakundu(via) ... Petitioner in both cases Vs.

1.The Assistant Commissioner of labour, (Controlling Authority under the Payment of Gratuity Act, 1972), Dindigul.

3.M.Periyakaruppan ... Respondents in both cases W.P. (MD) No.1566 and 1567 of 2015 The Village Panchayat President, P.Viralipatti Village Panchayat Office, Viralipatti (post), Badalakundu(via) ... Petitioner in both cases Vs.

1.The Assistant Commissioner of labour, (Controlling Authority under the Payment of Gratuity Act, 1972), Dindigul.

3.P.Palaniammal ... Respondents in both cases PRAYER in W.P.(MD)No.1564 of 2015 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the proceedings of the Assistant Commissioner of labour, (Controlling Authority under the payment of Gratuity Act, 1972), Dindigul, the first respondent herein vide his order in Case No.B.G.2 of 2013 dated 24.02.2014 and quash the same as illegal and without jurisdiction.

PRAYER in W.P.(MD)No.1565 of 2015 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the proceedings of the Assistant Commissioner of labour, (Controlling Authority under the payment of Gratuity Act, 1972), Dindigul, the first respondent herein vide his order in Na.Ka.No.Aa6/2862/2014 dated 18.09.2014 and quash the same as illegal and without jurisdiction.

PRAYER in W.P.(MD)No.1566 of 2015 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the proceedings of the Assistant Commissioner of labour, (Controlling Authority under the payment of Gratuity Act, 1972), Dindigul, the first respondent herein vide his order in Case No.B.G.14 of 2013 dated 24.02.2014 and quash the same as illegal and without jurisdiction.

PRAYER in W.P.(MD)No.1567 of 2015 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the proceedings of the Assistant Commissioner of labour, (Controlling Authority under the payment of Gratuity Act, 1972), Dindigul, the first respondent herein vide his order in Na.Ka.No.A6/2863/2014 dated 19.09.2014 and quash the same as illegal and without jurisdiction.

(In all writ petitions) For petitioner : Mr.R.Rajaraman in all cases For R1 & R2 : Mrs.S.Srimathi in all cases Special Government Pleader For R3 : Mr.D.Selvaraj in all cases

COMMON ORDER Heard Mr.R.Rajaraman, learned Counsel appearing for the petitioner, Mrs.S.Srimathi, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.D.Selvaraj, learned counsel appearing for the third respondent.

2. The petitioner is the Village Panchayat President. The third respondent herein was the Panchayat employee. The third respondent after reaching the age of superannuation and retirement moved the Controlling Authority for settlement of his Gratuity dues. The Controlling Authority passed an order in his favour. The same was questioned before this Court, on the ground that the employee of Village Panchayat is not entitled to invoke the provisions of Payment of Gratuity Act, 1972. The issue is no longer res integra. This Court in the decision reported in 2004-III-LLJ (Commissioner, Sathyamangalam Municipality Vs. Deputy Commission of Labour, Salem and others) held that the Local Authority also an establishment liable under the Act to Pay gratuity. Therefore, the ground of jurisdiction is not available to the petitioner. On merits also, there is nothing to interfere. The Controlling Authority has taken the last drawn wages of the employee's account and computed the gratuity dues on that basis.

3.These writ petitions stand dismissed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.The Assistant Commissioner of labour, (Controlling Authority under the Payment of Gratuity Act, 1972), Dindigul.

+4cc to M/S.R.RAJARAMAN, Advocate SR.No.46647. ORDER MADE IN W.P. (MD) No.1564, 1565, 1566 and 1567 of 2015 06.02.2018 pnn / tsg SDS/SKN:RSK/SAR 1/28.02.2018/3P/7C