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Madras High CourtWP(MD)/19327/2018dismissed

M.Sethuramalakshmi, v. The Secretary,

2018-09-06Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.19327 of 2018 M.Sethuramalakshmi .. Petitioner Vs.

The Secretary, A.854, Madurai Corporation Employees Co-operative Thrift and Credit Society Limited, 39, Vellaipillaiyar Kovil Street, S.S.Colony, Madurai-625 010.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 28.05.2018 passed by the respondent and quash the same and consequently direct the respondent to disburse the petitioner's remaining Gratuity Amount Rs.3,32,438/- to the petitioner forthwith.

For Petitioner :

Mr.V.Santhakumaresan

O R D E R

The petitioner has filed this writ petition against a Cooperative Society Limited. In view of the decision K.Marappan Vs The Deputy Registrar of Co-operative Societies and another, reported in [2006 (4) CTC 689], a writ petition as against a Co-operative Society is not maintainable.

2.The case of the petitioner is that out of Rs.9,00,000/- and odd, the respondent has paid Rs.6,00,000/- and remaining Rs.3,00,000/- has been illegally withheld for no fault of the petitioner and for the misconduct committed by another employee, the responsibility has been foisted on the petitioner. In the impugned order, it has been stated that the petitioner has agreed to pay the amount and remitted the same. As there is a dispute, dehors the fact that writ petition is not maintainable, the remedy is only before the authority under the Payment of Gratuity Act, 1972 and by way of filing a writ petition, the petitioner cannot seek a direction to the society, which is not amenable to the writ jurisdiction of the Court to pay the amount. Hence, the petitioner is directed to approach the Controlling Authority for necessary relief.

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3.Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-II) +1cc to Mr.V.Santhakumaresan, Advocate Sr.No.82904 VS VB/BK/SAR2/05.12.2018/2P/2C W.P.(MD) No.19327 of 2018 06.09.2018 https://hcservices.ecourts.gov.in/hcservices/