The Registrar Of Co Operative Societies v. P.Avudaiammal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A(MD)Nos. 2061, 2063, 2064 and 2065 of 2025 and C.M.P.(MD) Nos. 11791, 11795, 11800 and 11803 of 2025 1.The Registrar of Co-operative Societies Kilpauk, Chennai - 600 010.
2.The Managing Director, Tamil Nadu Co-operative State Agricultural and Rural Development Bank Ltd, 181, Luz Church Road, Mylapore, Chennai - 600 004.
... Appellants (for all cases) Vs.
1.P. Avudaiammal
...Respondent
In W.A(MD)NO.2061 of 2025 2.S. Kathiresan
...Respondent
In W.A(MD)NO.2063 of 2025 3.P. Krishnan
...Respondent
In W.A(MD)NO.2064 of 2025 1/6
4.S. Thirumalaikumar
...Respondent
In W.A(MD)NO.2065 of 2025 PRAYER in W.A(MD)No.2061 of 2025 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P(MD)No. 14507 of 2022 dated 04.06.2024 and allow the above writ appeal. PRAYER in W.A(MD)No.2063 of 2025 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P(MD)No. 14505 of 2022 dated 04.06.2024 and allow the above writ appeal. PRAYER in W.A(MD)No.2064 of 2025 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P(MD)No. 14504 of 2022 dated 04.06.2024 and allow the above writ appeal. PRAYER in W.A(MD)No.2065 of 2025 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P(MD)No. 14503 of 2022 dated 04.06.2024 and allow the above writ appeal. For Appellants :
Mr.Ajmal Khan, Additional Advocate General Assisted by Mr.V.Om Prakash, Government Advocate (for all cases) For Respondent :
Ms.S.Devasena.
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COMMON JUDGMENT [Judgment of the Court was made by S.M.SUBRAMANIAM, J.] The above writ appeals have been instituted challenging the writ order, dated 04.06.2024.
2.The learned Additional Advocate General would submit that beyond the audit objections, the fixation of pay was found to be erroneous, which was subsequently corrected. It is resulted in recovery of portion of the gratuity amount from the respondent employees. 3.It is not in dispute between the parties that the Gratuity Act itself contemplates interest for belated settlement of gratuity amount to the employees. Section 7(3A) of the Gratuity Act provides interest to the employees on belated settlement of gratuity amount. In the present case, based on the audit objection, a portion of the gratuity amount had been recovered from the respondent employees. Subsequently, the audit objections were dropped and the gratuity amount was repaid, based on the orders passed by this Court.
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4.The learned Single Judge therefore rightly considered the issue and directed the appellants to pay the statutory interest for the gratuity amount withheld from the retirement benefits of the respondent employees. This Court do not find infirmity since the provisions of Gratuity Act itself contemplates payment of interest to the employees. 5.Accordingly, the writ appeals are dismissed. The appellants are directed to to settle the interest portion of the amount within a period of 12 weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
[S.M.S., J.] [G.A.M., J.] 14.08.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 4/6
To 1.The Registrar of Co-operative Societies Kilpauk, Chennai - 600 010.
2. The Managing Director, Tamil Nadu Co-operative State Agricultural and Rural Development Bank Ltd, 181, Luz Church Road, Mylapore, Chennai - 600 004.
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S.M.SUBRAMANIAM, J.
and G.ARUL MURUGAN, J.
LR W.A(MD)Nos. 2061, 2063, 2064 and 2065 of 2025 14.08.2025 6/6