The Management Vs the Assistant Labour Commissioner… — Writ and Judicial Review | Madras HC (2025)

The Management Vs the Assistant Labour Commissioner… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Limited permission granted: petitioner-management to cross-examine the 2nd respondent and adduce oral and documentary evidence in support of its contentions in Gratuity Application No.99 of 2024; matter to be heard afresh on merits by the authorities; Controlling Authority directed to dispose of the application within 4 months from completion of the cross-examination; connected miscellaneous petition (W.M.P.No. 21306 of 2025) closed.

Issue for consideration

Whether the petitioner-management may be permitted to cross-examine the 2nd respondent (workman) and adduce oral and documentary evidence in support of its contentions in Gratuity Application No.99 of 2024 before the Controlling Authority under the Payment of Gratuity Act, 1972.

Court's answer

The Writ Petition is disposed of with the above observations; consequently, the connected miscellaneous petition is closed.

Ratio / Principle

The Assistant Labour Commissioner (Central) - II, Controlling Authority under the Payment of Gratuity Act, 1972, is directed to endeavour to dispose of Gratuity Application No.99 of 2024 within a period of 4 months from the date of completion of the cross examination.

Detailed headnote1 paragraphs

High Court of Judicature at Madras (Ms. Justice P.T. Asha, single judge), 06.06.2025: In W.P.No.19021 of 2025, the management (V. Sankar Aiyar & Co, Cartered Accountants, rep. by Partner V. Balaji) sought a mandamus under Article 226 of the Constitution of India directing the Assistant Labour Commissioner (Central) II, Controlling Authority under the Payment of Gratuity Act, 1972, to permit it to cross-examine the 2nd respondent workman (S. Manivannan) and to adduce oral and documentary evidence in support of its contentions in Gratuity Application No.99 of 2024 (initiated February 2024). As the workman raised no objection to cross-examination and to a fresh hearing on merits, the Court disposed of the writ petition with those directions, additionally directing the Controlling Authority to endeavour to decide the application within 4 months from completion of the cross-examination, and closed the connected miscellaneous petition W.M.P.No. 21306 of 2025.

W.P.No.19021 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 19021 of 2025 &

W.M.P.No. 21306 of 2025

The Management V.Sankar Aiyar & Co, Cartered Accountants, No.41, Circular Road, United India Colony, Kodambakkam, Chennai – 600 024. (Now at) Basement Floor, OMS Court, No.1, Nathamuni Street, T. Nagar, Chennai – 600 017. Rep. by its Partner Mr. V.Balaji

...Petitioner

Vs.

1.The Assistant Labour Commissioner (Central) II The Controlling Authority Under the Payment of Gratuity Act, 1972 Shastri Bhavan Chennai – 600006.

S.Manivannan ...Respondents

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W.P.No.19021 of 2025

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1^st respondent to permit the petitioner to cross examination of the 2^nd respondent and permit the petitioner to adduce oral and documentary evidence in support of its contentions in Gratuity Application No.99 of 2024.

For Petitioner : Mr. Anand Gopalan

For Respondent 1: M/s. M.Jayanthi Additional Government Pleader. For Respondent 2: Mr. Balan Haridass

O R D E R

The above Writ Petition is filed for a direction to the 1^st respondent to permit the petitioner to cross examine the 2^nd respondent and permit the petitioner to adduce oral and documentary evidence in

support of its contentions in Gratuity Application No.99 of 2024.

The 2^nd respondent / workman has no objection to the Writ

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W.P.No.19021 of 2025

Petition being ordered to the limited extent of the petitioner management cross examining him and the matter being heard a fresh by the authorities on merits.

The records would indicate that the proceedings had been initiated during February 2024. Therefore, the Assistant Labour Commissioner (Central) – II, Controlling Authority under the Payment of Gratuity Act, 1972, Shastri Bavan, Chennai shall endevour to dispose of Gratuity Application No.99 of 2024 within a period of 4 months from the date of completion of the cross examination.

The Writ Petition is disposed off with the above observation. Consequently, the connected miscellaneous petition is closed. No

costs.

06.06.2025

Index : Yes/No Internet : Yes/No kan

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W.P.No.19021 of 2025

To

The Assistant Labour Commissioner (Central) II The Controlling Authority Under the Payment of Gratuity Act, 1972 Shastri Bhavan

Chennai – 600006.

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W.P.No.19021 of 2025

P.T. ASHA, J,

kan

W.P.No. 19021 of 2025

06.06.2025

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