The Management Vs The Additional Commissioner of Labour

These writ petitions have been listed under the caption “for being mentioned” at the instance of the Registry on the ground that an inadvertent error has crept in the name of the petitioner in W.P.No.13066 of 2019 of the order wherein it has been typed as Navamani instead of K.Shanmugam.

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2. In view of the above, R egistry is directed to carry out the necessary correction in the order dated 25.02.2025 replacing the name of the petitioner in W.P.No.13066 of 2019 as K.Shanmugam and issue a fresh copy of the order to the learned counsel for the parties. In other respects, the earlier order dated 25.02.2025 shall remain unaltered.

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19.06.2025

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rap

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

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M.DHANDAPANI, J.

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rap

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W.P.Nos.16527 of 2020 and W.P.No.24239 of 2015 and W.P.Nos.13058, 13061,13063, 13066, 13068, 13071, 13073, 13074 & 13077 of 2019 and W.M.P.No.20486 of 2021 and W.M.P.Nos.20504 & 20506 of 2020 and W.M.P.Nos.13190, 13191, 13193, 13194, 13195, 13197, 13198 & 13201 of 2019

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19.06.2025

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.Nos.16527 of 2020

and

W.P.No.24239 of 2015

and

W.P.Nos.13058, 13061,13063, 13066, 13068, 13071, 13073, 13074 & 13077 of 2019 and

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W.M.P.No.20486 of 2021 and W.M.P.Nos.20504 & 20506 of 2020

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and

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W.M.P.Nos.13190, 13191, 13193, 13194, 13195, 13197, 13198 & 13201 of 2019

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W.P.No.16527 of 2020

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The Management, Christian Medical College & Hospital Ida Scudder Road, Vellore - 632 004 rep by its General Superintendent

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..Petitioner

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Vs.

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The Additional Commissioner of Labour, (Appellate Authority under Payment of Gratuity Act) Vellore.

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Assistant Commissioner of Labour

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(Authority under Payment of Gratuity Act, 1972), Vellore.

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Veeraswamy

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3/17

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

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R.Periaswamy

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R.Arumugam

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Thandavarayan

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K.Rayappan

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Venkatachalam

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Perumal

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K.Karuppiah

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...Respondents

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Prayer in W.P.No.16527 of 2020: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records connected with the impugned order dated 23.12.2019 passed by the 1st Respondent in P.G.A.No.137 to 144 of 2017 and quash the same.

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For Petitioner : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates For R3 to R9 : Mr. S.T.Varadarajulu For R1 & R2 : Mr.K.Surendran Additional Government Pleader

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W.P.No.24239 of 2015

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The Management, Christian Medical College & Hospital Ida Scudder Road, Vellore - 632 004

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

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rep by its General Superintendent

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....Petitioner

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Vs.

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The Labour Inspector, (Authority under Tamilnadu Conferment of permanent Status to Workmen Act, 1981) TNHB Building, Sathuvachari, Vellore.

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T.Rayappan

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Raman

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K.Perumal

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Chinnapillai

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Thandavarayan

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7.Navamani

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8.Karuppiah

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9.Perumal

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10.Venkatachalam

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11.S.Stephan

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Veeraswamy

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13.S.Ravichandran

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14.Arunachalam

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15.K.Shanmugam

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

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16.R.Periaswamy 17.R.Parthasarathy 18.J.Mathew 19.K.Sivalingam 20. Ponnuswamy 21. R.Arumugam ...Respondents in W.P.No.24239 of 2015

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Prayer in 24239 of 2015: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records connected with the impugned order dated 24.04.2015 passed by the 1^st respondent in Na.Ka.No.3121 of 2014 and quash the same.

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For Petitioner : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates For R1 : Mr.K.Surendran Additional Government Pleader For R2 to 21 : Mr. S.T.Varadarajulu

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W.P.No.13058 of 2019

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Navamani ...Petitioner

Vs.

The Management,

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

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Christian Medical College & Hospital, Vellore - 632 002.

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...Respondent

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Prayer in W.P.No.13058 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.93 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu For Respondent : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates

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W.P.No.13061 of 2019

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Steephan ...Petitioner

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Vs.

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The Management, Christian Medical College & Hospital, Vellore.

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...Respondent

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Prayer in W.P.No.13061 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.94 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with

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

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continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu

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For Respondent : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates

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W.P.No.13063 of 2019

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S.Ravichandran ...Petitioner

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Vs.

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The Management, Christian Medical College & Hospital, Vellore - 632 002.

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...Respondent

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Prayer in W.P.No.13063 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.103 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu For Respondent : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates

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

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W.P.No.13066 of 2019

Navamani

...Petitioner

Vs.

The Management, Christian Medical College & Hospital, Vellore - 632 002.

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...Respondents

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Prayer in W.P.No.13066 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.110 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu For Respondent : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates

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W.P.No.13068 of 2019

M.Perumal

...Petitioner

Vs.

The Management, Christian Medical College & Hospital, Vellore - 632 002.

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...Respondents

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Prayer in W.P.No.13068 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call

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

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for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.109 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu

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For Respondent : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates

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W.P.No.13071 of 2019

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S.Arunachalam ...Petitioner

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Vs.

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The Management, Christian Medical College & Hospital, Vellore - 632 002.

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...Respondents

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Prayer in W.P.No.13071 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.106 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu

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For Respondent : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates

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

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W.P.No.13073 of 2019

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K.Sivalingam ...Petitioner

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Vs.

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The Management, Christian Medical College & Hospital, Vellore - 632 002.

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...Respondent

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Prayer in W.P.No.13073 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.107 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu For Respondent : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates W.P.No.13074 of 2019

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R.Ponnuswamy ...Petitioner

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Vs.

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The Management, Christian Medical College & Hospital, Vellore - 632 002.

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...Respondent

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Prayer in W.P.No.13074 of 2019: Petition filed under Article 226 of the

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11/17

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

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Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.102 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu

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For Respondents : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates

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W.P.No.13077 of 2019

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J.Mathew ...Petitioner

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Vs.

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The Management, Christian Medical College & Hospital, Vellore - 632 002.

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...Respondent

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Prayer in W.P.No.13077 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.111 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs.

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For Petitioner : Mr. S.T.Varadarajulu

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For Respondent : Mr.Sanjay Mohan

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12/17

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

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for M/s.S.Ramasubramaniam and Associates

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COMMON ORDER

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Since the issue involved in these writ petitions are one and the

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same, they are disposed of by way of this common order.

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2. The brief facts are that the labourers in respective writ petitions

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have filed their respective petitions before the Labour Court seeking reinstatement with contintuity of service and the same was dismissed vide impugned orders. Challenging the same, the labourers have filed W.P.Nos.13058, 13061, 13063, 13066, 13068, 13071, 13073, 13074 & 13077 of 2019 seeking to quash the impugned orders. In respect of the other batch of writ petitions, the labourers have filed a application before the Labour Court, seeking conferment of permanent status, wherein the Labour Court vide common order dated 24.04.2015 held that the respective labourers were entitled to permanent status only in respect of workers who did not attain the age of superannuation. Aggrieved by the same, the management has filed a writ petition before this Court in W.P.No.24239 of 2015 which is still pending. In the meantime, the respective labourers in respective writ petitions have also filed an application seeking a direction to the management to pay the gratuity to 13/17

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

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the labourers, wherein the Labour Court directed the management to pay gratuity to the labourers. Aggrieved over the same, the management has filed appeals before Appellate authority after depositing an amount of Rs.8,41,408/- before the lower appellate Court. However, the appellate authority while dismissing the appeals filed by the management has directed the management to pay gratuity as decided by the lower appellate Court along with simple interest from the date of gratuity. Challenging the award passed by the appellant authority in P.G.A.Nos.137 to 144 of 2017, the management has filed W.P.No.16527 of 2020.

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3. Though the above writ petitions have been filed seeking the aforesaid reliefs, however, the learned counsel for the management submitted that this Court may direct the labourers to withdraw the amount as ordered by the controlling authority which being deposited by the management along with accrued interest as costs as ex-gratia in full quit within the time frame that may be stipulated by this Court.

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4. The learned counsel for the respective workmen has no objection for the order being passed.

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5. Heard the learned counsel on either side and perused the

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materials placed on record.

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6. In the light of the above this Court without going into the merits

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of the case directs the Gratuity authority to disburse a sum of Rs.78,688/to each workman with accrued interests and costs as full quit within a

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period of four (4) weeks from the date of receipt of a copy of this order.

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With the above observation and directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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25.02.2025 RAP Speaking Order : Yes/ No Index : Yes/ No NCC : Yes/ No

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To

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