Madras High CourtWP(MD)/19764/2018allowed

K.Palaniyammal, v. The District Collector,

2018-12-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD).No.19764 of 2018 K.Palaniyammal .. Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Controlling Authority/Assistant Commissioner of Labour, (The Authority under the Payment of Gratuity Act, 1972), The Office of Deputy Commissioner of Labour, Dindigul.

3.The Management of Adiyanoothu Panchayat office, Dindigul Taluk, Dindigul District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of writ of Mandamus directing the 1st respondent to recover the gratuity amount of Rs.82,788/- together with 10% interest from 31.01.2014 as ordered by the 2nd respondent in his order, dated 29.07.2016 in P.G.No.154/2016 from the 3rd respondent and to pay the same to the petitioner within a period of time as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

The petitioner filed a case against the third respondent before the second respondent. The second respondent had since passed an order dated 29.07.2016 against the 3rd respondent. It is the duty of the first respondent to enforce the award against the third respondent and to ensure the petitioner to get the fruits of the order from the third respondent. The first respondent is given three months time to initiate action in this regard. The writ petition is allowed accordingly.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-I) https://hcservices.ecourts.gov.in/hcservices/

To 1.The District Collector, Dindigul District, Dindigul. 2.The Controlling Authority/Assistant Commissioner of Labour, (The Authority under the Payment of Gratuity Act, 1972), The Office of Deputy Commissioner of Labour, Dindigul. 3.The Management of Adiyanoothu Panchayat office, Dindigul Taluk, Dindigul District.

• 1 CC TO Mr.S.ARUNACHALAM , ADVOCATE IN SR No.99817. • TM • DS RSK SAR1 12 12 2018 2P 5C W.P(MD).No.19764 of 2018 https://hcservices.ecourts.gov.in/hcservices/