Disposed

S.Adinarayanan v. Union Territor of Puducherry

Madras HC28 Nov 2019WP/2212/2019

Case brief

AI extract

What is this about?

Writ petition filed for mandamus to direct payment of gratuity with compound interest. Respondents claimed some amounts paid; dispute raised over interest for 30 persons. Court permitted petitioners to work out remedy for interest and disposed of the petition.

What did the court decide?

Petitioners permitted to work out remedy for non-payment of interest in the manner known to law. Writ petition disposed of. No costs.

S.Adinarayanan Vs Union Territor of Puducherry — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.11.2019 CORAM THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.2212 of 2019

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S.Adinarayanan 2. S.Rathinasabapathy 3. K.Sundaramoorthy 4. V.Ramachandran 5. K.Subramanian 6. N.B.Doss Gandhi 7. L.Manjunath ... Petitioners

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1. Union Territory of Puducherry Represented by the Chief Secretary Government of Puducherry Puducherry-605 001. 2. The District Collector of Puducherry Saram Puducherry-605 013. 3. Anglo French Textiles Unit of Pondicherry Textile Corporation Limited Represented by its Managing Director Mudaliarpet, Puducherry-605 004. 4. The Controlling Authority under the Payment of Gratuity Act 1972 cum Labour Officer (Enforcement) Puducherry. 5. The Ministry of Home Affairs Government of India Represented by its Secretary New Delhi. ... Respondents

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1^st respondent herein to forth with pay the amounts of gratuity due and payable to the petitioners together with compound interest at the rate of 15% per annum there on from the respective dates of issuance of Form-R notice to the petitioners, 1, 2, 3, 4, 5 & 7 and for petitioner No.6 from the date of his retirement.

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

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For Petitioners : Mr.M.Devendran For Respondents : Mr.A.V.Ramalingam Additional Government Pleader for R1, R2 and R4 Mrs.N.Mala for R3 Special Government Pleader Mr.S.Palaniraja for R5.

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O R D E R

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This Writ Petition is filed for issuance of Writ of Mandamus directing the 1^st respondent herein to forth with pay the amounts of gratuity due and payable to the petitioners together with compound interest at the rate of 15% per annum there on from the respective dates of issuance of Form-R notice to the petitioners, 1, 2, 3, 4, 5 & 7 and for petitioner No.6 from the date of his retirement.

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2.The petitioners are the employees of the 3^rd respondent. Though their services were snapped with the 3^rd respondent, gratuity amount was not paid to them. For non-payment of the gratuity amount, the petitioners have filed this writ petition claiming the gratuity amount with interest at the rate of 15% per annum.

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Mrs.N.Mala, Special Government Pleader appearing on behalf of the respondents on instructions submitted that the gratuity amount has been paid in favour of the petitioners long back. However, 30 persons were not paid the gratuity amount on the ground that their legal heirs were not available to receive the amount.

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The learned Special Government Pleader did not dispute the fact submitted by the learned counsel for the petitioner that they have not paid the interest.

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The learned counsel for the respective parties prayed this Court to permit the petitioners to work out their remedy for non-payment of interest in the manner known to law.

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

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Considering the facts and circumstances of the case, the petitioners are permitted to work out their remedy for nonpayment of interest in the manner known to law. Accordingly, this Writ Petition is disposed of. No costs.

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-s/dAssistant Registrar

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True Copy

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Sub-Assistant Registrar

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uma To 1. The Chief Secretary Union Territory of Puducherry Government of Puducherry Puducherry-605 001. 2. The District Collector of Puducherry Saram Puducherry-605 013. 3. Anglo French Textiles Unit of Pondicherry Textile Corporation Limited Represented by its Managing Director Mudaliarpet, Puducherry-605 004. 4. The Controlling Authority under the Payment of Gratuity Act 1972 cum Labour Officer (Enforcement) Puducherry. 5. The Secretary The Ministry of Home Affairs Government of India New Delhi.

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+2 ccs to M/s.M.Devendran Advocate sr99348 +1 cc to the Government Pleader for puducherry High Court Madras sr99806

W.P.No.2212 of 2019

aa03/12/2019

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

S.Adinarayanan v. Union Territor of Puducherry

Case brief

What is this about?

What did the court decide?

S.Adinarayanan v. Union Territor of Puducherry

Case brief

What is this about?

What did the court decide?

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