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Madras High CourtWP(MD)/17020/2013disposed of

Minor Muthuselvi v. The Regional Labour

2018-02-21Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.17020 of 2013 Minor Muthuselvi @ Muthulakshmi (Rep by her natural Guardian and mother Banumathi) ... Petitioner Vs.

The Regional Labour Commissioner, No.4, Haddows Road, Shastri Bhavan, Chennai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent to disburse 1/3rd amount out of the gratuity amount of the deceased Govindaraj to the petitioner along with interest at the rate of 18% p.a. From 04.01.2011 till the date of realization. For Petitioner : Mr.P.Sesubalan Raja For Respondent : Mr.R.Sethuraman Special Government Pleader

ORDER

The relief sought for in this writ petition is for a direction to direct the respondents to disburse 1/3rd amount out of the gratuity amount of the deceased Govindaraj to the petitioner along with interest at the rate of 18% p.a. from 04.01.2011 till the date of realization.

2. The grievances of the writ petitioner is that inspite of the order passed on 04.01.2011 in W.P.(MD)No.6756 of 2004, the amount due to the writ petitioner has not been settled. In this regard, the writ petitioner has submitted a representation on 20.11.2012 to the respondents and the same is yet to be considered.

3. Thus, without going into the merits of the matter, the respondent is directed to consider the representation of the writ petitioner and pass orders on merits and in accordance with law within 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a copy of the https://hcservices.ecourts.gov.in/hcservices/

representation and all the documents along with a copy of this order.

4. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To The Regional Labour Commissioner, No.4, Haddows Road, Shastri Bhavan, Chennai.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 50547 + 1 CC TO Mr.P.SESUBALAN RAJA, ADVOCATE IN SR No. 49977 PNN TE/KKR/SAR-3 : 05/03/2018 : 2P/4C W.P.(MD) No.17020 of 2013 21.02.2018 https://hcservices.ecourts.gov.in/hcservices/