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K.Ganesan v. The Assistant Commissioner of Labour

Madras HC3 Mar 2025WP(MD)/5655/2025

Case brief

AI extract

What is this about?

Gratuity disbursal; deceased Tamil Nadu Civil Supplies Corporation employee; brother as claimant; siblings' no objection; nominee verification enquiry; Assistant Commissioner of Labour, Madurai; Regional Manager TNCS Corporation; representation dated 30.12.2024; enquiry notice dated 08.02.2024; appearance fixed 20.03.2025; enquiry to conclude within two weeks; Article 226 mandamus; W.P.(MD) No.5655 of 2025; Madurai Bench of Madras High Court; disposed of; no costs.

What did the court decide?

Petitioner and second respondent directed to appear before the first respondent on 20.03.2025 with relevant records without further notice; first respondent to take all necessary steps and conclude the enquiry and disbursal proceedings within a further period of two weeks; second respondent directed to cooperate; no costs. ¶7

K.Ganesan Vs The Assistant Commissioner of Labour — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the first respondent should disburse to the petitioner the gratuity amount of Rs.84,897/- deposited by the second respondent with the first respondent pertaining to the petitioner's deceased brother, all his siblings having given no objection. +1 more

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Court's answer

The first respondent should take appropriate steps for disbursal of the gratuity amount to the petitioner or the other entitled persons by duly conducting necessary enquiry.

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Ratio / Principle

The writ petition is disposed of directing the petitioner as well as the second respondent to appear before the first respondent on 20.03.2025 with relevant records, without any further notice.

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Key takeaways

On such appearance, the first respondent shall take all necessary steps and conclude the proceedings within a further period of two weeks.ratio¶7
The second respondent is further directed to cooperate for conclusion of the enquiry proceedings at the earliest.ratio¶7

Detailed headnote1 paragraphs

Writ (Art. 226 mandamus) - Gratuity - Disbursal of deceased employee's gratuity to surviving brother - Madras High Court, Madurai Bench (Mummineni Sudheer Kumar, J.) disposed of W.P.(MD) No.5655 of 2025 on 03.03.2025. Petitioner K.Ganesan sought direction to the Assistant Commissioner of Labour (R1) to disburse gratuity of Rs.84,897/- of his deceased brother, deposited with R1 by the Regional Manager, Tamil Nadu Civil Supplies Corporation (R2), pursuant to his representation dated 30.12.2024, all siblings having given no objection; R1 had withheld release pending verification of any nominee in the service record, its enquiry (notice dated 08.02.2024) having stalled for want of R2's appearance and cooperation. Held: R1 to take appropriate steps for disbursal to the petitioner or other entitled persons after due enquiry; petitioner and R2 to appear before R1 on 20.03.2025 with records without further notice; R1 to conclude proceedings within two weeks; R2 to cooperate; no costs.

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W.P.(MD) No.5655 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.03.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.(MD) No.5655 of 2025

K.Ganesan

... Petitioner

-vs-

1.The Assistant Commissioner of Labour Office of Commissioner of Labour Welfare Bharathi Ula Salai Race Course Colony Madurai-625 007

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(*)2.The Regional Manager, Regional Manager Office, Tamil Nadu Civil Supplies Corporation, Kuruvikkaran Street, Anna Nagar, Madurai-20. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the first respondent to disburse the gratuity amount of Rs. 84,897/- (Eighty four thousand eight hundred and ninety seven rupees) of petitioner's brother in favour of the petitioner basis of the petitioner's representation https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5655 of 2025

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dated 30.12.2024 within the time stipulated by this Court.

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For Petitioner : Mr.M.Pozhilan For Respondents : Mr.F.Deepak Special Government Pleader for R1 Mr.H.Arumugam for R2

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O R D E R

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This writ petition has been filed by the petitioner seeking release of the gratuity amount deposited by the second respondent with the first respondent pertaining to his deceased brother.

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2. According to the learned counsel for the petitioner and as seen from

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the averments made in the affidavit, it is the case of the petitioner that all his siblings have given no objection for withdrawing the gratuity amount deposited by the second respondent with the first respondent pertaining to his deceased brother, however, the first respondent is not releasing the same in his favour.

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3. On the other hand, learned Special Government Pleader appearing for

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the first respondent submitted that the first respondent intended to verify as to https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5655 of 2025

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whether there was any nominee nominated in the service record of the petitioner's deceased brother and therefore, the first respondent required the second respondent as well as the petitioner to appear before him for enquiry by issuing a notice dated 08.02.2024, but the second respondent failed to appear for enquiry and therefore, the matter is pending consideration before the first respondent.

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4. Learned counsel appearing for the second respondent submitted that the second respondent has already deposited the due amount of gratuity with the first respondent and therefore, the second respondent is nothing to do with the disbursal of the said amount.

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5. This Court, having taken into consideration the overall facts and circumstances of the case, is of the considered view that the first respondent should take appropriate steps for disbursal of the gratuity amount to the petitioner or the other entitled persons by duly conducting necessary enquiry.

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6. As seen from the proceedings dated 08.02.2024, the first respondent

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has already initiated such enquiry and the same could not be completed because of non-cooperation of the second respondent. https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5655 of 2025

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7. In the light of the above, this writ petition is disposed of directing the petitioner as well as the second respondent to appear before the first respondent, on 20.03.2025, with relevant records, without any further notice and on such appearance, the first respondent shall take all necessary steps and conclude the proceedings within a further period of two weeks. The second respondent is further directed to cooperate for conclusion of the enquiry proceedings at the earliest. No costs.

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Sd/-

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03/03/2025

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(*)R2 Cause title is amended vide court order dated 17.03.2025 made in WMP(MD).No. 5534/2025 in WP(MD).No.5655 of 2025.

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Sd/-

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Assistant Registrar(WRIT)

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// True Copy //