The petitioner challenged an order directing it to pay gratuity to a retired regular employee. The Court held that the lump-sum retirement payment did not preclude statutory gratuity liability and dismissed the writ petition.
The writ petition was dismissed with no costs.
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 : 20.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.6086 of 2018
The Management
Tamil Nadu Agricultural University
Horticultural Research Center
Ondikadai Post
Yercaud 636 601 .. Petitioner
-vs-
1. The Appellate Authority under the
Payment of Gratuity Act and
Joint Commissioner of Labour
Coimbatore
2. The Controlling Authority under the
Payment of Gratuity Act and the
Assistant Commissioner of Labour
Salem
3. Tmt.T.Sivamanickam .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records relating to order dated 14.09.2017 in A.G.A.No.11 of 2017 passed by the first respondent and quash the same as being illegal, arbitrary and unconstitutional.
For Petitioner :: Mr.Abdul Saleem
For Respondents:: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 & 2 ORDER
This writ petition has been filed challenging the correctness of the impugned order dated 14.9.2017 passed in A.G.A.No.11 of 2017 directing petitioner to pay gratuity to the third respondent for a period of 31 years applying the provisions of the Act.
respondent-Joint Commissioner of Labour impugned herein. Hence, this Court finds no infirmity with the impugned order. Accordingly, the writ petition stands dismissed. No costs.
Sd/Assistant Registrar(CS VIII)
//True copy//
Sub Assistant Registrar
ss
To
1. The Appellate Authority under the
Payment of Gratuity Act and
Joint Commissioner of Labour
Coimbatore
2. The Controlling Authority under the
Payment of Gratuity Act and the
Assistant Commissioner of Labour
Salem
+1cc to Government Pleader SR.No.21392
W.P.No.6086 of 2018
KK(CO)
GN(05/04/2018)
2 issues framed by the court
Whether a sum of Rs.50,000/- paid as a consolidated lump sum at the time of retirement precludes the employee from receiving statutory gratuity under the Payment of Gratuity Act.
Whether the impugned order directing payment of gratuity is illegal, arbitrary, and unconstitutional.
The Management Tamil Nadu Agricultural University
The Appellate Authority under the Payment of Gratuity Act and Joint Commissioner of Labour, Coimbatore
The Controlling Authority under the Payment of Gratuity Act and Assistant Commissioner of Labour, Salem
Tmt. T. Sivamanickam
T. RJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
