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Madras High CourtWP(MD)/11061/2024closed

The Management v. The Appellate Authority

2026-02-23Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.9855 of 2024 The Management, Arasu Rubber Corporation, Kothiyar Division, Kothiyar, Kanyakumari District - 629 102, Rep. by its Managing Director.

... Petitioner Vs.

1.The Appellate Authority under Payment of Gratuity Act, (The Additional Commissioner of Labour), T.N.E.B.Building, 1st Floor, Elis Nagar, Madurai - 625 016.

2.The Deputy Commissioner of Labour, Rajakamangalam Road, District Industrial Education Complex, Konam, Nagercoil - 4.

3.Queens Baby ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the first Page No. 1 of 5

respondent in P.G.(A)13 of 2023 leading to order dated 23.02.2024 therein and quash the order as illegal.

For Petitioner : Mr.T.Ravichandran For R1 & R2 : Mr.D.S.Nedunchezhian Government Advocate *****

O R D E R

This Writ Petition has been filed challenging the order of the first respondent dated 23.02.2024 in P.G.(A) No.13 of 2023.

2. The facts of the case are that the third respondent's husband, Swamiraj, was working as a tapper under the petitioner-Corporation and therefore, a quarter was allotted to him. He retired from service on 19.03.2019. Though notices were issued by the petitioner one month prior to his retirement and thereafter calling upon him to vacate the quarters, the same was not complied with. The said Swamiraj died on 15.01.2020.

3. Thereafter, the third respondent filed a petition before the second respondent in P.G.No.6 of 2023 seeking payment of the gratuity amount payable to her husband along with interest. By order dated 27.04.2023, the Page No. 2 of 5

second respondent directed disbursement of the gratuity amount along with interest at 10% per annum. Even thereafter, the quarter was not vacated.

4. Challenging the said order, the petitioner preferred an appeal before the first respondent in P.G.(A) No.13 of 2023. The first respondent, by the impugned order, confirmed the order of the second respondent. Aggrieved thereby, the present Writ Petition has been filed.

5. It is informed that during the pendency of this Writ Petition, the third respondent has agreed to vacate the quarters and to receive only the gratuity amount without claiming interest thereon. In this regard, the Consent Agreement dated 06.02.2026 has been filed before this Court.

6. The third respondent is present in person before this Court and has confirmed the agreement arrived at between the petitionerCorporation and herself, as well as the terms contained in the said Agreement.

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7. Recording the above, this Writ Petition is closed in terms of the said Consent Agreement dated 06.02.2026. The said Consent Agreement shall form part and parcel of this order. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. [K.SURENDER, J.] 23.02.2026 JEN Index : Yes / No To 1.The Appellate Authority under Payment of Gratuity Act, (The Additional Commissioner of Labour), T.N.E.B.Building, 1st Floor, Elis Nagar, Madurai - 625 016.

2.The Deputy Commissioner of Labour, Rajakamangalam Road, District Industrial Education Complex, Konam, Nagercoil - 4.

Page No. 4 of 5

K.SURENDER , J.

JEN 23.02.2026 Page No. 5 of 5