The Court held that a co-operative society must pay gratuity and leave encashment to a workman who has completed superannuation without pensionable service, ruling non-payment violates Article 21 and entertaining the writ despite alternative remedies.
The petitioner was directed to pay gratuity and leave encashment within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.No.10007 of 2015
A.Kannan
... Petitioner
Vs.
With the consent of both sides, this writ petition itself is taken up for final disposal.
The petitioner was appointed as Assistant in the second respondent Co-operative Bank on 07.10.1996. He was suspended from service on certain allegations. His date of superannuation fell on 31.12.2011, but he was not allowed to retire from service.
Nadu Co-operative Societies Act for interest on the belated payment of the terminal benefits. Hence, the learned counsel for the respondents has sought for dismissal of the writ petition.
to deprive gratuity in view of Section 14 of payment of Gratuity Act. Unless the workman is dismissed and there is an order of forfeiture of gratuity passed under Payment of Gratuity Act, the payment of gratuity cannot be taken away by the employer. Even here, if the petitioner was paid the gratuity amount and the petitioner seeks for interest, I could have directed him to approach the concerned authority relating to payment of interest. In this case after retirement, no amount is paid to workmen. Workmen is entitled only to gratuity, provident fund and earn leave encashment. None of the amounts are paid to the workmen. Now, the 2nd respondent cannot take a technical plea of non maintainability of writ petition on the ground of availability of alternative remedy. Hence, writ petition is allowed, a direction is issued to the 2nd respondent to pay gratuity and leave encashment within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
kpr
s/d-
Assistant Registrar(CO)
True Copy
Sub-Assistant Registrar
To
1. The Joint Registrar of Co-op Societies
Villupuram Region, Villupuram, Villupuram District
2. The President
Villupuram District Central Co-op. Bank
No.2, Hospital Road,
Villupuram
+ 1 cc to Mr.L.P.Shanmugasundaram, Advocate SR 23653
+ 1 cc to Mr.C.Prakasam, Advocate SR 23416
+ 1 cc to Govt.Pleader SR 23323
ssi(co)
prk14/5
W.P.No.10007 of 2015
3 issues framed by the court
Whether a co-operative bank is bound to pay gratuity to an employee who has reached superannuation age.
Whether the non-payment of gratuity to a non-pensionable workman violates Article 21 of the Constitution.
Whether the writ petition is maintainable despite the availability of an alternative remedy under the Payment of Gratuity Act.
Colour shows how this judgement treated each authority
Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai and OtherReferred¶29
(1998) 8 SCC 1 · Who else cites this
4 provisions across 2 enactments
A. Kannan
The Joint Registrar of Co-op Societies Villupuram Region
The President Villupuram District Central Co-op. Bank No.2
D. Hariparanthaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
