The High Court disposed of a writ petition seeking quashing of a gratuity order without substantive consideration, as the claim had been settled in a Lok Adalat after the petition was filed, leaving nothing for the court to adjudicate.
Writ petition disposed; connected miscellaneous petition closed; 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 : 28.09.2021
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. NO. 10639 OF 2004
AND
W.P.M.P. NO. 12466 OF 2004
The Chairman-cum-Managing Director,
Neyveli Lignite Corporation Ltd.,
Neyveli – 607 801.
... Petitioner
1. The Controlling Authority,
Under Payment of Gratuity Act, 1972 &
Assistant Labour Commissioner (Central) II
26, Haddows Road, Sasthri Bhavan,
Chennai – 600 006.
2. G.Kuppusamy.
... Respondents
Prayer:- Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorari,
calling for the records relating to the order of the First
Respondent passed in Gratuity Application No.48/222 of 2003,
dated 01.03.2004 and quash the same.
ORDER
(through video conference)
It has been brought to notice by Learned Counsel for the
Petitioner that after the filing of the Writ Petition, the claim
for gratuity made by the Second Respondent has been settled in
Lok Adalat organized by the Tamil Nadu State Legal Services
Authority during the sittings held on 21.04.2004, 22.04.2004
and 23.04.2004 and a copy of the same has been produced, which
contains acceptance by the Second Respondent. In view of the
same, nothing survives for further consideration in the Writ
Petition.
In fine, the Writ Petition is disposed. Consequently, the
connected Miscellaneous Petition is also closed. No costs.
Sd/-
Assistant Registrar(CS-III)
// True Copy //
Sub Assistant Registrar
dm
To
The Controlling Authority,
Under Payment of Gratuity Act, 1972 &
Assistant Labour Commissioner (Central) II
26, Haddows Road, Sasthri Bhavan,
Chennai – 600 006.
+1cc to Mr.N.Nithianandam, Advocate, S.R.No.50277
W.P. No. 10639 of 2004
and
W.P.M.P. No. 12466 of 2004
PM(CO)
RLP(30/09/2021)
1 issue framed by the court
Whether the Writ Petition seeking quashing of an order under the Payment of Gratuity Act survives after the claim is settled in Lok Adalat.
2 provisions across 2 enactments
The Chairman-cum-Managing Director, Neyveli Lignite Corporation Ltd.
The Controlling Authority, Under Payment of Gratuity Act, 1972 & Assistant Labour Commissioner (Central) II
G.Kuppusamy
P.D. Audikeshavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court