This petition challenged an attachment order for gratuity claims. The High Court disposed of the writ petition and set aside the impugned order based on a settlement reached via mediation. The court granted time for payment.
Petition dismissed; impugned attachment order set aside; time granted for payment deposit.
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 : 08.10.2018 CORAM: THE HON'BLE MRS. JUSTICE S.VIMALA Writ Petition No.26038 of 2011 & M.P.No.1 of 2011
M/s. R.V.S.Industries (P) Ltd., Rep. by its Director, P.J.Chelladurai, 483-488 Avinashi Road, Coimbatore 641 004 ... Petitioner Vs. 1. The Tahsildar (South), Office of the Tahsildar, Hosur Road, Coimbatore 641 018 2. Thiru V.Manoharan 3. Tiru. S.R.K.Prasad 4. Ramakrishna Industrials Pvt. Ltd., 315 MCH Palayan Road, Jothipuram Post, Perianaicken Palayam, Coimbatore 641 047 5. K.Vengadesan (R-4 & R-5 impleaded as per the order of this court dated 27.4.2018 in WMP No. 8971/2018 in WP No.26038/2011) ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the the records of the respondent in Order SR No.182/2011/ID/B.10 dated 27.10.2011 and to quash the same. For Petitioners : Mr. R.Parthasarathy For Respondents : Mr. N.Srinivasan, AGP., for R-1, Mr. C.S.Dhanasekaran, for R-3 Mr. M.Vijayaraghavan, for R-5 No Appearance, for R-4.
O R D E R
This writ petition has been filed by the petitioner challenging the attachment, ordered in terms of Section 27 of the Revenue Recovery Act, towards collection of gratuity amount.
full and final settlement of the said claim in its entirety (list of workmen annexed)
5.1. It is made clear that the time of payment starts from 09.10.2018. Such deposit shall be made before the Controlling Authority under the Payment of Gratuity Act, 1972 and on such deposit being made, the controlling authority shall take further course of action for the distribution of the amount, in terms of the settlement / entitlement of the workmen.
5.2. No costs. Consequently, the connected MP is closed.
08.10.2018
Index : Yes / No
Web : Yes / No
Speaking order / Non speaking order
srk
Note to office.: Issue order copy on or before 09.10.2018
To
MRS. S.VIMALA, J.,
srk
Writ Petition No.26038 of 2011 & M.P.No.1 of 2011
08.10.2018
2 issues framed by the court
Whether the writ petition challenging the attachment of assets for gratuity claims should be disposed of in view of the settlement arrived at between the parties through mediation.
What relief should be granted regarding the impugned attachment order in light of the settlement terms.
3 provisions across 3 enactments
M/s. R.V.S.Industries (P) Ltd.
The Tahsildar (South)
V.Manoharan
S.R.K.Prasad
Ramakrishna Industrials Pvt. Ltd.
K.Vengadesan
S.Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
