Allowed

T.John Sugumar v. The District Collector

Madras HC14 Oct 2022WP/32403/2014

Case brief

AI extract

What is this about?

The Court allowed the writ petition directing the District Collector to recover gratuity from the management by invoking the Tamil Nadu Revenue Recovery Act within three months, treating the liability as arrears of land revenue.

What did the court decide?

Directed District Collector to implement order and recover Rs.71,395 gratuity plus interest within three months using Revenue Recovery Act.

T.John Sugumar Vs The District Collector — Service and Employment | Madras HC (2022)

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W.P.No.32403 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.10.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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W.P.No.32403 of 2014

J.John Sugumar

..Petitioner

Vs.

1.The District Collector, Coimbatore District, Coimbatore.

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2.The Assistant Commissioner of Labour, Office of the Deputy Commissioner of Labour, Coimbatore – 18.

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3.The Management, Mahaveer Plantation Private Limited, High Foresh Estate, Vaalparai via, Coimbatore District – 642 127. ..Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 1^st respondent or his sub-ordinate officers to invoke the Revenue recovery Act against the 3^rd respondent management for recovery a Gratuity amount of Rs.71,395/payable to the petitioner along with the interest as per the orders passed by the 2^nd respondent in R.R.No.15 of 2014 dated 30.07.2014, within a reasonable time as may be fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.No.32403 of 2014

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For Petitioner : Mr.D.Vishnu Varadhan

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for Mr.A.E.Ravichandran For Respondents : Mr.Vadivelu Deenadayalan, Additional Government Pleader for R1 Mr.G.Nanmaran, Special Government Pleader for R2 R3 – No appearance

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O R D E R

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The petitioner who has been favoured with an order by the

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Controlling Authority for payment of gratuity under the Payment of Gratuity Act, 1972 has come up to this Court seeking a mandamus to implement the order.

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2. Section 8 of the Payment of Gratuity Act imposes an obligation

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on the part of the Revenue to collect the same as if it is an arrears of land

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revenue by invoking the provisions of the Revenue Recovery Act.

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3. The District Collector, Coimbatore has filed a counter narrating

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the steps that have been taken for recovery of the gratuity. From the counter it is seen that no coercive steps have been taken and the 3^rd respondent

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https://www.mhc.tn.gov.in/judis

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W.P.No.32403 of 2014

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Management has been treated with very soft gloves by the District administration, despite being a defaulter.

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4. Since it is a statutory liability which is recoverable as if it is land revenue, the writ petition is allowed . There will be a direction to the District Collector, Coimbatore to implement the order passed by the 2^nd respondent dated 27.02.2013 in its letter and spirit by invoking the plenary provision of Tamil Nadu Revenue Recovery Act. Such recovery shall be effected within a period of three (3) months from the date of receipt of the copy of this order. No costs.

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14.10.2022

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dsa Index : No Internet : Yes Speaking order

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https://www.mhc.tn.gov.in/judis

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W.P.No.32403 of 2014

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1.The District Collector, Coimbatore District, Coimbatore.

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2.The Assistant Commissioner of Labour, Office of the Deputy Commissioner of Labour, Coimbatore – 18.

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3.The Management, Mahaveer Plantation Private Limited, High Foresh Estate, Vaalparai via, Coimbatore District – 642 127.

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https://www.mhc.tn.gov.in/judis

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W.P.No.32403 of 2014

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R.SUBRAMANIAN, J.

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dsa

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W.P.No.32403 of 2014

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14.10.2022

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https://www.mhc.tn.gov.in/judis

T.John Sugumar v. The District Collector

Case brief

What is this about?

What did the court decide?

T.John Sugumar v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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