Dismissed

Venkataraman.J v. The Registrar

Madras HC28 Nov 2024WP(MD)/23375/2022

Case brief

AI extract

What is this about?

A retired employee sought a writ of Mandamus directing a cooperative society to pay a balance gratuity amount. The Court held that since the controlling authority had already decided the matter and the society paid the gratuity plus interest, no further amount was to be awarded. The petitioner was informed that they could file an appeal under the Payment of Gratuity Act regarding the initial deter

What did the court decide?

Writ petition and connected miscellaneous petitions disposed of with no costs; petitioner directed to file appeal under Section 7(7) of Payment of Gratuity Act, 1972 if aggrieved by the determination.

Venkataraman.J Vs The Registrar — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD)No.23375 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.11.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P.(MD)No.23375 of 2022 and W.M.P.(MD)Nos.4134 and 4144 of 2023

J.Venkataraman

... Petitioner

versus

The Registrar, Registrar of Co-opeartive Societies, No.170, N.V.Natarajan Maligai,

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Periyar E.V.R. High Road, Poonthamalli High Road, Keezhpakkam,

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Chennai – 600 010.

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The Joint Registrar, O/o. Joint Registrar of Co-opeartive Societies, Madurai Region,

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T.P.K.Road, Palanganatham,

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Madurai – 625 003.

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The Deputy Registar, O/o. Deputy Registrar of Co-operative Societies, Madurai Circle,

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Thirupparankundram Road, Palanganatham,

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Madurai – 625 003.

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The President,

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A-1449, Madura Coats Workers Co-operative Stores Limited,

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

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W.P.(MD)No.23375 of 2022

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No.3, Arappalayam Cross Road, Ponnagaram, Madurai – 16.

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The Secretary, A-1449, Madura Coats Workers Co-operative Stores Limted, No.3, Arappalayam Cross Road, Madurai – 16.

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... Respondents

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Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to disburse the amount of Rs.93,025/- (from 29.01.2019 to 31.08.2022 with accrued interest) to the petitioner, on the basis of the petitioner's representation dated 07.09.2022.

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For Petitioner : Mr.A.Rajaram For Respondents : Mr.P.T.Thiraviam, Government Advocate

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ORDER

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This writ petition has been filed for a Mandamus, directing the respondents to disburse the amount of Rs.93,025/- (from 29.01.2019 to 31.08.2022 with accrued interest) to the petitioner, on the basis of his representation dated 07.09.2022.

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The petitioner is a retired employee of the 4^th respondent Society. The petitioner retired from service on 30.06.2009. Since the petitioner was

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

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W.P.(MD)No.23375 of 2022

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not paid the retirement and monetary benefits, he approached the Assistant Commissioner of Labour, Madurai. The Assistant Commissioner of Labour/the Controlling Authority under the Payment of Gratuity Act, Madurai, took the petitioner's complaint in P.G.No.195 of 2015 and passed an order on 28.11.2017, determining the petitioner's gratuity amount of Rs.1,03,860/- and also issued a direction to the 4^th respondent to pay the gratuity amount together with interest at the rate of 10% p.a. According to the petitioner, the 4^th respondent has to sanction of Rs.2,57,108/-. However, the 4^th respondent has sanctioned a sum of Rs.1,91,104/- and the balance amount of Rs.66,004/- has to be paid along with 10% interest and total amount to be paid to the petitioner is Rs.93,025/-. Therefore, the petitioner is before this Court.

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A perusal of the counter affidavit filed by the 3^rd respondent shows

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that the the 4^th respondent has paid a sum of Rs.1,03,860/- along with interest of Rs.82,064/- on 13.07.2018.

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Since the issue has already been decided by the Controlling Authority under the Payment of Gratuity Act, Madurai, by order dated

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

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W.P.(MD)No.23375 of 2022

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28.11.2017 in P.G.No.195 of 2015 and the amount of Rs.1,03,860/- has already been paid along with interest of Rs.82,064/- on 13.07.2018, this Court is not inclined to issue any direction to the 4^th respondent to pay further amount, if any. If the petitiner is having any grievance over the determination of the gratuity made by the Controlling Authority under the Payment of Gratuity Act, Madurai, in P.G.No.195 of 2015, it is always open to the petitioner to file an appeal under Section 7(7) of the Payment of Gratuity Act 1972, before the appellate authority, within a period of six weeks from the date of receipt of a copy of this order. In the event, if the petitioner files an appeal within a period of six weeks from the date of receipt of a copy of this order, the appellate authority shall consider the same without insisting on the limitation period.

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Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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28.11.2024

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ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

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

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W.P.(MD)No.23375 of 2022

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The Registrar, Registrar of Co-opeartive Societies, No.170, N.V.Natarajan Maligai, Periyar E.V.R. High Road, Poonthamalli High Road, Keezhpakkam, Chennai – 600 010.

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The Joint Registrar, O/o. Joint Registrar of Co-opeartive Societies, Madurai Region, T.P.K.Road, Palanganatham, Madurai – 625 003.

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The Deputy Registar, O/o. Deputy Registrar of Co-operative Societies, Madurai Circle, Thirupparankundram Road, Palanganatham, Madurai – 625 003.

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The President,

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A-1449, Madura Coats Workers Co-operative Stores Limited, No.3, Arappalayam Cross Road, Ponnagaram, Madurai – 16.

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The Secretary,

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A-1449, Madura Coats Workers Co-operative Stores Limted, No.3, Arappalayam Cross Road, Madurai – 16.

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

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W.P.(MD)No.23375 of 2022

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B.PUGALENDHI, J.

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ogy

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W.P.(MD)No.23375 of 2022

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28.11.2024

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

Venkataraman.J v. The Registrar

Case brief

What is this about?

What did the court decide?

Venkataraman.J v. The Registrar

Case brief

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What did the court decide?

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