Allowed

P. Ramadass v. The Labour Officer

Madras HC9 Mar 2016WP/25650/2015

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the Labour Officer's order to initiate revenue recovery of gratuity arrears. The Court held that the Officer failed to ensure compliance with a prior order affecting the petitioner before initiating revenue proceedings. The matter was remanded to the Officer to issue notice to parties and ascertain facts before passing orders on merits within eigh

What did the court decide?

Impugned order set aside; matter remanded to the 1st respondent to issue notice to the petitioner and 2nd respondent, ascertain facts, and pass appropriate orders on merits within eight weeks.

P. Ramadass Vs The Labour Officer — Pension and Retirement Benefits | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

Dated : 09.03.2016

¶3

Coram

¶4

The Hon'ble Mr.Justice T.S.SIVAGNANAM

¶5

Writ Petition No.25650 of 2015

P.Ramadass

...Petitioner

Vs.

1.The Labour Officer Enforcement-cum-controllling Authority Under the Payment of Gratuity Act, 1972 Officer of the Labour Officer, (Enforcement) Government of Pondicherry

¶10

2.The Managing Director M/s. Pondicherry Central Co-operate Processing Supply and Marketing Society Limited Industrial Estate, Thattanchavady Pondicherry ...Respondents

¶11

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for ther records of the proceedings bearing No.421/2010LO(E)/ PG/2015 dated 08.04.2015, on the ffile of the first respondent and to quash the same as illegal, and without jurisdiction and to consequentially direct the first respondent to proceed with the recovery proceedings initiated against the second respondent pursuant its order dated 01.04.2015.

¶12

For Petitioner :Mr.V.Raghavachari For Respondents:Mr.A.Tamilvanan,

¶13

Government Advocate for R1 (Puducherry) Mr.R.Sreedharan, Government Advocate for R2 (Puducherry)

¶14

O R D E R

¶15

Petitioner has filed this writ petition, challenging the proceedings of the 1^st respondent dated 08.04.2015, in and by which the 1^st respondent advised the 2^nd respondent to start all the revenue recovery proceedings earlier ordered by him in proceedings dated 01.04.2015, to recover the amount of gratuity which has been computed in P.G.No.421 of 2010 dated 13.09.2011. As rightly pointed out by the learned counsel for petitioner, the order passed by 1^st respondent dated 01.04.2015 would not

¶16

https://hcservices.ecourts.gov.in/hcservices/

¶17

have been suo motu withdrawn that too without notice to the writ petitioner who is the claimant in P.G.No.421 of 2010. The petitioner would state that he has received certain amount from the society bu the full amount has not been settled and there are arrears.

¶18

In such circumstances, the 1^st respondent has to ensure that whether the order passed in P.G.No.421 of 2010 has been fully complied with and it is only thereafter he can pass an order stating that no further steps be taken under the Revenue Recovery Act. This appears to have not been done in the instant case thereby rendering the impugned proceeding as illegal.

¶19

Accordingly, the writ petition is allowed, the impugned order is set aside the matter is remanded back to the 1^st respondent who shall issue notice to the petitioner and the 2^nd respondent management and thereafter after ascertaining the full facts pass appropriate orders on merits and in accordance with law. The above direction be complied with by the 1^st respondent within a period of eight weeks from the date of receipt of a copy of this order.

¶20

Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To

¶21

1.The Labour Officer Enforcement-cum-controllling Authority Under the Payment of Gratuity Act, 1972 Officer of the Labour Officer, (Enforcement) Government of Pondicherry

¶22

2.The Managing Director M/s. Pondicherry Central Co-operate Processing Supply and Marketing Society Limited Industrial Estate, Thattanchavady Pondicherry

¶23

1 cc to Government Pleader(Pondicherry) Sr.15242 + 1 cc to M/s. V. Raghavachari, Advocate SR.15088 + 1 cc to Mr.R.Sreedharan, Advocate Sr.14981

¶24

Writ Petition No.25650 of 2015

¶25

CTK(CO) Eu 22.03.16

¶26

https://hcservices.ecourts.gov.in/hcservices/

P. Ramadass v. The Labour Officer

Case brief

What is this about?

What did the court decide?

P. Ramadass v. The Labour Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mrs.K.Padmapriya Vs The Executive Engineer

M/s.Emerald Engineering Unit 2 Vs The Regional Provident Fund

I.Ali Mohammed Yunus Vs The Assistant Executive

M.Krishnamoorthy Vs The State ofTamil Nadu[amended

Mr. N.B. Ranganadhan, Vs The Deputy Collector (Revenue)

D.Elango Vs Palacode Town Co-Operative