A.Sumathi Vs The District Collector

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1^st respondent to recover the arrears of interest from the 3^rd respondent as per the order dated 10.05.2017 passed by the 2^nd respondent and to deposit the same to the credit of E.C.No.380 of 2017 on the file of the Deputy Commissioner of Labour-II and consequently direct payment of the same to the petitioners.

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

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WP No. 23024 of 2026

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For Petitioners: Mr.R.Vignesh

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For Respondent(s): Mr.R.Chakkaravarthy, Government Counsel for R1 And R2

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ORDER

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This writ petition has been filed seeking a direction to the 1^st respondent to recover the arrears of interest from the 3^rd respondent as per the order dated 10.05.2017 passed by the 2^nd respondent and to deposit the same to the credit of E.C.No.380 of 2017 on the file of the Deputy Commissioner of Labour-II and consequently direct payment of the same to the petitioners.

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Mr.R.Chakkaravarthy, learned Government Counsel takes notice for the respondents 1 and 2.

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By consent, this writ petition is taken up for final disposal at the admission stage itself.

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The brief case of the petitioners is as follows:

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The petitioners are the legal heirs of the deceased Mr.K.Ashokan, who employed by the 3^rd respondent and died on account of Chemical poisoning sustained during the course of his work. Although he was immediately rushed to the hospital, he succumbed to his injuries on 07.10.2016. Thereafter, the

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

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WP No. 23024 of 2026

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petitioners approached the competent authority and lodged a complaint before the Deputy Director of Industrial Safety and Health – 1, Sriperumbudur, who in turn forwarded the same to the 2^nd respondent the deputy Commissioner of Labour II, Chennai and the 2^nd respondent vide order dated 10.05.2017, directed the 3^rd respondent to pay compensation of Rs.6,03,680/- to the claimants by way of getting the Demand Draft in the name of “the Joint Commissioner of Labour II, Chennai-600 006. It is also directed that an interest at 12% has to be paid from the date of occurrence i.e., on 23.08.2016 till the date of deposit. The 3^rd respondent failed to deposit the said amount immediately. However, the deposit was made in the year 2025 and interest amount has not been paid. Hence, this writ petition.

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It is not in dispute that the order dated 10.05.2017 passed by 2^nd respondent, which granted compensation along with interest to the claimants and the same has not been challenged and has attained finality. Consequently, the third respondent is bound to deposit the compensation amount together with interest till the date of depositing the compensation amount.

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In view of the above, the petitioners are at liberty to approach the competent authority viz., the Joint Commissioner of Labour, Chennai and file an application seeking withdrawal of the compensation amount.

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

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WP No. 23024 of 2026

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It is needless to state that the third respondent is bound to deposit the interest component till the date of depositing the said interest, which accrued upon the compensation amount of Rs.6,03,680/-. The withdrawal of the compensation amount will have no bearing on the interest component which was already imposed. The respondents 1 and 2 shall take steps and recover the interest component from the third respondent.

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