The Management of Vs Rajeswari

W.P.No.6305 of 2025 has been filed by the legal heirs of the workman and W.P.No. 6992 of 2025 has been filed by the workman. Both the writ petitions have been filed to direct the respondents therein to recover a sum of Rs.4,95,764/- and Rs.9,13,038/- respectively with 15 % interest from the appellant/management as per the orders of Labour Court dated 11.09.2024 and 13.12.2023 respectively and pay the same to the petitioners therein.

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The petitioners were dismissed from service due to certain delinquencies. However, the Labour Court found that the charges were

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

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W.A.Nos.2397 & 2411 of 2025

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not proved and directed the management to reinstate the petitioners into

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service with full backwages, continuity of service and other attendant benefits. Thereafter, they were reinstated in service and also retired from service. However, aggrieved by the denial of payment of gratuity, the workmen filed appeals before the Controlling Authority, who passed orders directing the Management to pay the gratuity amount to the petitioners. However, the said orders passed by the Authority has not been complied with. Hence, the petitioners approached the Labour Court and the Labour Court directed the Collector to recover the said amount

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from the management and pay the same to the petitioners. Since the orders passed by the Labour court were not implemented, the petitioners filed the said writ petitions. The Writ Court, directed the Collector to implement the orders passed by the Labour Court within the specified period. Aggrieved by the said order passed by the Writ Court, these Appeals have been filed by the Management.

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Heard the learned counsel for the appellants and the learned

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counsel appearing for the respondent/caveator and perused the materials available on record.

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Payment of gratuity is denied to the workmen. An employer cannot deny payment of gratuity as it is a statutory right of an employee. In the present case, there is no impediment in payment of gratuity to the

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

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W.A.Nos.2397 & 2411 of 2025

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workmen as the charges levelled against the workmen were not proved

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and they were reinstated in service and also retired from service.

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Therefore, we find that there is no illegality or infirmity in the orders passed by the writ Court directing the Collector to implement the order passed by the Labour Court. Hence, the Writ Appeals stand dismissed. No

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costs. Consequently, connected miscellaneous petitions are closed.

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[J.N.B.,J.] [M.J.R.,J.] 11.08.2025

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vsi

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Speaking order/Non-speaking order Neutral Citation:Yes/No

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To

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