The Management v. Pandiyan R

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.21555 of 2022 The Management, A.307, Karattupatti Primary Agricultural Cooperative Society, By its President, Karattupatti, Melanatchikulam Post, Vadipatti Taluk, Madurai District.

... Petitioner Vs.

1.R.Pandiyan 2.The Deputy Commissioner of Labour, Controlling Authority under Payment of Gratuity Act, Integrated Labour Department Campus, Bharathi Ulla Salai, Race Course Colony, Near Thamaraithotti, Madurai-02.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records in P.G.No.20 of 2021 on the file of the 2nd respondent dated 30.05.2022 and quash the same.

For Petitioner :

Mr.S.Kumar For Respondents :

Mr.T.Ravichandran - for R1 :

R2 - Controlling Authority

ORDER

Though this Writ Petition has been filed questioning the order dated 30.05.2022 passed in P.G.No.20 of 2021, this Court has granted an order of interim stay as early as on 2nd December, 2022. It is brought to the notice of this Court by the learned counsel apeparing for the petitioner that the petitioner is ready to pay the amounts due under the impugned order in installments and has already started paying the same in installments at the rate of Rs.5,000/- (Five Thousand Rupees only) per month.

2. According to the learned counsel for the petitioner, the Respondent No.1 had also agreed to receive the amount in installments.

3. If that be the case, there is no need to examine the matter on merits. Further as against the impugned order, the petitioner also has an efficacious alternate remedy of appeal under Section 7(7) of the Payment of

Gratuity Act, 1972, by depositing the entire amount due under the impugned order. But for the reasons best known, the petitioner herein instead of availing the remedy as provided under the statute, approached this Court. For this reason also, this writ petition cannot be entertained.

4. Accordingly, this Writ Petition is dismissed. However, it is left open for the petitioner to enter into an agreement with Respondent No.1 in the matter of payment of gratuity due under the impugned order. The Respondent No.1 is also at liberty to take appropriate course of action for recovery of the amount due under the impugned order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 01.04.2025 NCC : Yes/No Index : Yes/No Internet : Yes ABR

MUMMINENI SUDHEER KUMAR, J.

ABR To The Deputy Commissioner of Labour, Controlling Authority under Payment of Gratuity Act, Integrated Labour Department Campus, Bharathi Ulla Salai, Race Course Colony, Near Thamaraithotti, Madurai-02.

01.04.2025