Petitioner challenged removal from service and sought gratuity from a cooperative society bank via writ petition. Court dismissed petition as not maintainable, directing petitioner to approach the Controlling Authority under the Payment of Gratuity Act, 1972.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2017 CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
W.P.(MD) No.16508 of 2016
... Petitioner
R.Karuppasamy
-vs-
Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 4th respondent to disburse gratuity along with interest to the petitioner under Section 79 of Tamil Nadu Co-operative Societies Act and by considering the representation dated 06.06.2016 given by the petitioner within the time limit fixed by thisCourt.
For Petitioner : Mr.S.Manikandan For R1 to R3 : Mr.S.Satish Kumar Addl. Govt. Pleader For R4 : Mr.S.Bharathy
O R D E R
This petition has been filed, seeking to direct the 4th respondent to disburse gratuity along with interest to the petitioner under Section 79 of Tamil Nadu Co-operative Societies Act and by considering the representation dated 06.06.2016 given by the petitioner within the time limit fixed by thisCourt.
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petitioner was in the hospital, he was not in a position to reply to the show cause notice and therefore, the petitioner was subsequently removed from service and that even after his removal, the gratuity amount has not been settled to the petitioner.
Sd/
Assistant Registrar
/TRUE COPY/
Sub Assistant Registrar
To:
Society Bank, Achanthavilththaan, Srivilliputhur Taluk, Virudhunagar District.
+1cc to M/s.S.ManiKandan, Advocate, in SR No.105
ar
AAM PM PN 31.01.2017 2P 6C
02.01.2017
1 issue framed by the court
Whether a writ petition is maintainable before the High Court for directing a cooperative society to disburse gratuity.
Colour shows how this judgement treated each authority
K.Marappan vs. The Deputy Registrar of Co-operative Societies, Namakkal CircleDistinguished¶22
2006-4-L.W.495
R.Karuppasamy
The District Collector, Virudhunagar
The Joint Registrar of Cooperative Societies, Virudhunagar Region
The Deputy Registrar of Cooperative Societies, Srivilliputhur Circle
SP.SPL.5, Achanthavilththaan Primary Co-operative Society Bank, Rep. by its Sub-Registrar/Special Officer
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
