G.Sumathi v. The Deputy Commissioner Of Labour

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.11696 of 2025 G.Sumathi ... Petitioner Vs.

1. The Deputy Commissioner of Labour, Tiruchirappalli.

2. The Manager, ICICI Lumbord General Insurance Company Limited, 140, Sopdamai Centre 2nd Floor, Nungampakkam High Road, Nungampakkam, Chennai - 34.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to recover a sum of Rs.1,32,947/- (Rupees One Lakh Thirty Two Thousand Nine Hundred and Forty Seven only) from the second respondent based on the Award dated 06.06.2008 in W.C.No.278 of 2006 (The Deputy Commissioner of Labour) with subsequent interest at the rate of 12% till the date of realization of the award amount to the petitioner. 1/5

For Petitioner : Mr.D.Boopal For R1 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R2 : Mr.V.Muthukamatchi

O R D E R

The present Writ Petition has been filed by the beneficiary of an Award passed by the first respondent in W.C.No.278 of 2006, dated 06.06.2008 seeking a Mandamus to recover the interest portion from the second respondent.

2. Pending Writ Petition, the second respondent has filed an affidavit to the effect that the principal amount has already been deposited and as far as the interest portion of Rs.1,32,947/- (Rupees One Lakh Thirty Two Thousand Nine Hundred and Forty Seven only) is concerned, they are awaiting for financial sanction from the head office and they will be depositing the said amount within a period of eight weeks. Paragraph No.4 of the said affidavit is extracted as follows:

"4. I respectfully submit that we have agreed to deposit interest amount sum of Rs.1,32,947/- before the 2/5

first respondent. Due to administrative reasons, we have unable to deposit said interest amount before the first respondent. Now we have sent proposal to our Head Office, Mumbai for getting financial sanction and same is under consideration. After getting financial sanction, we will be deposit interest amount a sum of Rs.1,32,947/- before the first respondent within period of 8 weeks from today. To that effect we have filed this undertaking affidavit before this Hon'ble Court."

4. In view of the affidavit filed by the second respondent, this Writ Petition stands disposed of with a direction to the second respondent to deposit a sum of Rs.1,32,947/- (Rupees One Lakh Thirty Two Thousand Nine Hundred and Forty Seven only) on or before 29.08.2025. In case of any failure, the first respondent shall proceed in accordance with law to recover the same. There shall be no order as to costs. 20.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Deputy Commissioner of Labour, Tiruchirappalli.

2. The Manager, ICICI Lumbord General Insurance Company Limited, 140, Sopdamai Centre 2nd Floor, Nungampakkam High Road, Nungampakkam, Chennai - 34.

4/5

R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.11696 of 2025 20.06.2025 5/5