Subbaiah A v. The Regional Joint Registrar Of Cooperative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Subbaiah ... Petitioner Vs.
1. The Regional Joint Registrar of Cooperative Societies, Thoothukudi, No.393, T.R Naidu Street, Thoothukudi-628 002.
2. The Deputy Registrar of Cooperative Societies, O/o the Deputy Registrar of Cooperative Societies, Ettaiyapuram Road, Opp. to Head Post Office, Kovilpatti 628 552, Thoothukudi District.
3. The Management, Thili.Thani 118 Kalugumalai Primary, Agricultural Cooperative Credit Society Ltd, Kalugumalai.
.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay the difference of gratuity amount of Rs.5,80,396/- 1/6
together with 10 percent interest from 31.03.2023 to till the date of payment as per the representation dated 07.07.2025. For Petitioner : Mr.V.O.S.Kalaiselvam For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader
O R D E R
This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to pay the difference of gratuity amount of Rs.5,80,396/- together with 10 percent interest from 31.03.2023 to till the date of payment as per the representation dated 07.07.2025.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.
3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/6
4. The case of the petitioner is that the petitioner was working under the 2nd respondent Society and he was retired from service on 31.03.2023. Thus, he is entitled to receive gratuity for a period of 32 years since he worked from 08.05.1991 to 31.03.2023. However, on attaining the age of superannuation the LIC amount of Rs.6,96,736/- only paid to the petitioner. As per the settlement entered under Section 12(3) of the Industrial Disputes Act, 1947, which is based on the circular dated 08.11.2018 w.e.f. 01.04.2018, the petitioner is entitled to the balance of gratuity amount of Rs.5,80,396/- together with 10% interest from 31.03.2023 till the date of payment. Hence, the petitioner made a representations dated 24.09.2024 and 07.07.2025 to the respondents However, since no action was taken on the said representation, the petitioner has now approached this Court by filing the present Writ Petition.
5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the 3/6
respondents to consider the representation of the petitioner dated 07.07.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.
6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the first respondent, to consider the representation of the petitioner dated 07.07.2025 and pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits. No costs. 18.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL 4/6
To
1. The Regional Joint Registrar of Cooperative Societies, Thoothukudi, No.393, T.R Naidu Street, Thoothukudi-628 002.
2. The Deputy Registrar of Cooperative Societies, O/o the Deputy Registrar of Cooperative Societies, Ettaiyapuram Road, Opp. to Head Post Office, Kovilpatti 628 552, Thoothukudi District.
3. The Management, Thili.Thani 118 Kalugumalai Primary, Agricultural Cooperative Credit Society Ltd, Kalugumalai.
5/6
M.DHANDAPANI ,J.
PJL ORDER MADE IN DATED : 18.08.2025 6/6