The Secretary v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.15431 of 2025 and W.M.P(MD) No.11664 of 2025 The Secretary, S-616, T.Nelmudikarai Primary Agriculture Co-operative Credit Society, Thirupuvanam Taluk, Sivagangai District.

... Petitioner Vs.

1. The District Collector, Sivagangai District.

2. The Tahsildar, Thirupuvanam.

3. The Deputy Commissioner of Labour, Race Course Colony, Madurai - 625 002.

4. A.Ramachandran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in P.G.No.241 of 2019, dated 1/5

24.08.2022 on the file of the Deputy Commissioner of Labour, Madurai and the consequent impugned order in Na.Ka.P3.9086-2025, dated 17.04.2025 on the file of the District Collector, Sivagangai and quash the same as illegal and consequently direct the respondents to allow the petitioner Society to pay initially an amount of Rs.50,000/- and pay the balance amount of Rs.4,51,355/- in 36 equal instalments of Rs.12,500/- each. For Petitioner : Mr.T.Joshua For R1 to R3 : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The present Writ Petition has been filed challenging the order passed by the third respondent herein, who is the original authority under the Payment of Gratuity Act, 1972, as well as the consequential order passed by the first respondent herein seeking to initiate revenue recovery proceedings to implement the award passed by the third respondent.

2. As against the order of the third respondent, a statutory appeal remedy is available, as contemplated under Section 7(7) of the Payment of Gratuity Act, 1972.

2/5

3. In such circumstances, this Court is not inclined to entertain the writ petition. In case, if a statutory appeal is filed by the petitioner, the limitation period between 04.06.2025 and the date of receipt of a copy of this order, shall stand excluded.

4. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

06.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi Note:

Registry is directed to return the original impugned order to the petitioner after getting necessary endorsement after retaining a copy of the same for record.

3/5

To

1. The District Collector, Sivagangai District.

2. The Tahsildar, Thirupuvanam.

3. The Deputy Commissioner of Labour, Race Course Colony, Madurai - 625 002.

4/5

R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.15431 of 2025 06.06.2025 5/5