Petitioner retired from a co-operative bank in 2014 but benefits were paid days later. He sought writ jurisdiction to award interest for the delay on termination benefits such as gratuity and provident fund.
None granted. The writ petition is not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2015
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
Writ Petition No.9976 of 2015 and M.P.No.1 of 2015
R.Gopalan ...Petitioner
vs.
1.The Registrar of Co-operative Societies,
No.170, N.V.N.Maligai,
Kilpauk, Chennai -10.
2.The Joint Registrar of Co-operative Societies,
Namakkal Region, Namakkal District.
3.No.994, Tiruchengode Co-operative Urban Bank Ltd.,
Rep. by its Managing Director/President,
Tiruchengode - 637 211, Namakkal District. ...Respondents
Petition filed under Article 226 of the Constitution of India
for the issuance of writ of Mandamus, directing the respondents to
pay interest at 12% per annum for 253 days on Rs.21,30,632.71/-
being interest of Rs.1,77,221.94/- for belated payment of the
petitioner's retirement benefits.
For Petitioner : Mr.M.S.Palanisamy for Mr.S.P.Yuvaraj For Respondents : Mr.L.P.Shanmugasundaram Special Govt. Pleader
The petitioner joined as a Clerk in the third respondent Bank on 19.03.1975. He was promoted as Accountant in the year 1995 and further promoted as Manager in 2002. He completed 35 years of service and retired from service on 30.04.2014. (Though the date of retirement is mentioned as 31.03.2010 in the affidavit, it is stated by the learned counsel for the petitioner that the petitioner retired from service on 30.04.2014)
initiated against him and others. Ultimately, the proceedings were dropped in view of the order passed by this Court dated 30.10.2014 made in W.P.No.16744 of 2014.
relevant statute. No costs. Connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
svki
To
1.The Registrar of Co-operative Societies,
No.170, N.V.N.Maligai, Kilpauk, Chennai -10.
2.The Joint Registrar of Co-operative Societies,
Namakkal Region, Namakkal District.
3.The Managing Director/President
No.994, Tiruchengode Co-operative Urban Bank Ltd.,,
Tiruchengode - 637 211, Namakkal District.
1 cc to Mr.L.P.Shanmugasundaram ,Advocate, SR.No.19054
1 cc to Mr. S.P.Yuvaraj,Advocate, SR.No.19132
1 cc to Government Pleader,Sr.No19271
W.P.No.9976 of 2015
mg9co)
pmk.22.4.2015
3 issues framed by the court
Whether a writ petition is maintainable for claiming interest on belated payment of retirement benefits against co-operative societies.
Whether the remedy for delay in payment of gratuity and provident fund lies in a writ petition or under the relevant statutes.
Whether the petitioner is entitled to interest for delayed payment of terminal benefits under Article 226.
Colour shows how this judgement treated each authority
State of Punjab v. Labour Court, Jullundur and othersReferred¶13
1980 1 SCC 4 [State of Punjab v. Labour Court, Jullundur and others] · Who else cites this
6 provisions across 5 enactments
R.Gopalan
The Registrar of Co-operative Societies
The Joint Registrar of Co-operative Societies
Tiruchengode Co-operative Urban Bank Ltd.
D.Hariparant-rathnaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
