Petitioner challenged gratuity payment orders sought quashing. Court held that since the temple paid gratuity, matters became infructuous. All writ petitions and connected miscellaneous petitions were closed without costs.
Writ petitions are closed; connected miscellaneous petitions are 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.
W.P.(MD).Nos.9226, 9309, 8740, 8741 and 9233 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD).Nos.9226, 9309, 8740, 8741 and 9233 of 2018 and
W.M.P.(MD).Nos.8526, 8617, 8181, 8182 and 8533 of 2018
The Assistant Commissioner/ Executive Officer, Arulmigu Tirucourallanathaswamy Temple, Coutrallam, Tirunelveli District.
... Petitioner in all W.Ps.
vs.
1.The Joint Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Madurai.
2.The Assistant Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Tirunelveli.
3.Chinnasamy ... Respondents in W.P.(MD).No.9226 of 2018
1.The Joint Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Madurai.
2.The Assistant Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Tirunelveli.
3.Kothalingam ... Respondents in W.P.(MD).No.9309 of 2018 1.The Joint Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Madurai.
2.The Assistant Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD).Nos.9226, 9309, 8740, 8741 and 9233 of 2018
3.Kuppusamy ... Respondents in W.P.(MD).No.8740 of 2018
1.The Joint Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Madurai.
2.The Assistant Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Tirunelveli.
3.Ramasamy ... Respondents in W.P.(MD).No.8741 of 2018
1.The Joint Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Madurai.
2.The Assistant Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Tirunelveli.
3.Balasubramanian ... Respondents in W.P.(MD).No.9233 of 2018
COMMON PRAYER : Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records in PGA (,/k) 14, 15, 16, 18 and 17 of 2017, dated 06.11.2017 on the file of the first respondent, confirming the order of the second respondent in PG(1A)1162, 1012, 1805, 1806 and 1254 of 2014, dated 14.02.2017 and quash the same.
For Petitioner in all W.Ps. : Mr.S.Manohar For R1 & R2 : Mr.A.K.Manikkam Special Government Pleader
C O M M O N O R D E R
Mr.S.Manohar, learned counsel appearing for the petitioner would submit that the matters have become infructuous, since the temple in question ie., the Arulmigu Tirucoutallanathaswamy Temple, Coutrallam, paid the gratuity on 02.11.2019 and thus, nothing survives in these matters.
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W.P.(MD).Nos.9226, 9309, 8740, 8741 and 9233 of 2018
// True Copy //
akv
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Joint Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Madurai.
2.The Assistant Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Tirunelveli.
+3 CC to M/s.S.MANOHAR, Advocate ( SR-3606,3605,3604[F] dated 02/02/2022 )
+1. CC to M/S.SPL.GP. SR.No.3649 W.P.(MD).Nos.9226, 9309, 8740, 8741 and 9233 of 2018 01.02.2022 RD(18.02.2022) 3P 7C
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2 issues framed by the court
Whether writ petitions challenging gratuity orders remain subsisting after the temple has paid the benefits.
Whether to close writ petitions on the ground that they have become infructuous.
2 provisions across 2 enactments
The Assistant Commissioner/ Executive Officer, Arulmigu Tirucourallanathaswamy Temple, Coutrallam, Tirunelveli District
The Joint Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Madurai
The Assistant Commissioner of Labour /Controlling Authority under Payment of Gratuity, Act 1972, Tirunelveli
Chinnasamy
Kothalingam
Kuppusamy
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
