Petitioner challenged orders confirming a denial of gratuity for an alleged seasonal employee. The Court, noting the establishment was held non-seasonal in a 2008 decision, found no error in the tribunal orders and dismissed the writ petition.
Writ petition dismissed by consent for final disposal at the stage of admission.
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.
WP(MD) No.16676 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.16676 of 2024 and W.M.P(MD)No.14437 & 14439 of 2024
The Regional Manager, Tamil Nadu Civil Supplies Corporation, Virudhunagar.
... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the
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records relating to the impugned order passed by the 1st respondent in PGA No.05/2023 dated 01.08.2023 by confirming the order of 2nd respondent in PG 35/2021 dated 30.06.2022 and quash the same as illegal.
For Petitioner : Mrs.S.Devasena
For Respondents : Mr.J.Ashok – for R1 & R2 Additional Government Pleader
ORDER
The present writ petition has been filed seeking a Writ of
Certiorari, to qaush the impugned order, dated 01.08.2023 of the 1st respondent by confirming the order of 2nd respondent dated 30.06.2022.
petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1 and 2.
3. By consent of both parties, this writ petition is taken up
for final disposal at the stage of admission itself.
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4 . Mrs.S.Devasana, learned counsel for the petitioner submitted that the third respondent has filed a PG Payment of gratuity petition before the appropriate authority, the second respondent herein, against the petitioner for releasing his gratuity. The said petition has been allowed on 30.06.2022. Challenging the same, an appeal was filed by the Management and the same was also dismissed by confirming the order of the appellate authority on 01.08.2023.
5. Now, Mrs.S.Devasana, learned counsel for the petitioner
submitted that both the appropriate authority as well as the appellate authority did not consider the fact that the third respondent was given with the gratuity even for the period during which he was under temporary service as a seasonal employee.
6. However, it is seen from the orders of the appropriate authority and the appellate authority that the very same arguments which was raised by the Management in the earlier Writ Petition in W.P.4371 of 1998 and in which an order has been passed on 30.07.2008 by holding that the petitioner's establishment is not a seasonal
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establishment. When the establishment itself is not a seasonal one, it cannot be construed that employees of the said establishment are seasonal employees. Since both the appropriate and the appellate authority have dealt with the above submission of the petitioner on merits, I find no reasons to interfere with the orders.
7. In view of the above stated reasons, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
24.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM
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To
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R.N.MANJULA, J.
RM
Order made in W.P.(MD)No.16676 of 2024
24.07.2024
2 issues framed by the court
Whether the High Court should interfere with the appellate authority's confirmation of the Proper Authority's order dismissing an appeal against the release of gratuity.
Whether the denial of gratuity for the period of temporary seasonal service is maintainable given the Supreme Court precedent that the establishment is not seasonal.
Regional Manager, Tamil Nadu Civil Supplies Corporation, Virudhunagar
Joint Commissioner of Labour, Madurai
Deputy Commissioner of Labour, Madurai
R.Lakshmanan
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
