A sugar mill challenged appellate orders refusing to entertain its appeals against gratuity awards granted to former employees, on grounds of limitation beyond 120 days and non-payment of pre-deposit. The High Court found no infirmity and dismissed all writ petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 4102 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-07-2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 4102 of 2025 AND
WP NO. 4287 OF 2025,WP NO. 4157 OF 2025,WP NO. 4262 OF 2025,WMP NO. 4798 OF 2025,WMP NO. 4799 OF 2025,WMP NO. 4636 OF 2025,WMP NO. 4641 OF 2025,WMP NO. 4663 OF 2025,WMP NO. 4741 OF 2025,WMP NO. 4771 OF 2025,WMP NO. 4787 OF 2025,WP NO. 39470 OF 2024,WMP NO. 42714 OF 2024,WMP NO. 42715 OF 2024
The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post, Palacode Taluk, Dharmapuri District 636808
..Petitioner(s)
Vs
..Respondent(s)
WP No. 4287 of 2025
The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post,Palacode Taluk,Dharmapuri District 636808
..Petitioner(s)
Vs
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WP No. 4102 of 2025
(appellate Authority Under The Payment Of Gratuity Act 1972)coimbatore-18 2. The Controlling Authority Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem. 3. Mr.M.Kaliyappan ..Respondent(s) WP No. 4157 of 2025 The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post,Palacode Taluk,Dharmapuri District 636808 ..Petitioner(s) Vs 1. The Appellate Authority/additional Commissioner Of Labour (appellate Authority Under The Payment Of Gratuity Act 1972)coimbatore-18 2. The Controlling Authority Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem. 3. Mr.V.Murugesan ..Respondent(s) WP No. 4262 of 2025 The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post,Palacode Taluk,Dharmapuri District 636808 ..Petitioner(s) Vs 1. The Appellate Authority/additional Commissioner Of Labour (appellate Authority Under The Payment Of Gratuity Act 1972)coimbatore-18 2. The Controlling Authority
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WP No. 4102 of 2025
Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem.
..Respondent(s)
WP No. 39470 of 2024
The Management Rep By G.Yogavishnu, Dharmapuri District Co-operative Sugar Mills Ltd, Jerthalav Post, Palacode Taluk, Dharmapuri District-636 808
..Petitioner(s)
Vs
..Respondent(s)
Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2569/2023 on the file of the 1st Respondent and the order dated 27.12.2022 passed in P.G.No.119 of 2022 on the file of the 2nd Respondent herein and quash the same.
WP No. 4287 of 2025
Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2565/2023,2566/2023 on the file of the 1st Respondent and the order dated 21.02.2023 passed in P.G.No.127of 2022 on the
Page3 of 8
WP No. 4102 of 2025
file of the 2nd Respondent herein and quash the same as being illegal,arbitrary and unconstitutional and pass
WP No. 4157 of 2025
Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2565/2023,2566/2023 on the file of the 1st Respondent and the order dated 21.02.2023 passed in P.G.No.132 of 2022 on the file of the 2nd Respondent herein and quash the same as being illegal,arbitrary and unconstitutional.
WP No. 4262 of 2025
Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2556/2023 on the file of the 1st Respondent and the order dated 09.05.2022 passed in P.G.No.18 of 2022 on the file of the 2nd Respondent herein and quash the same as being illegal, arbitrary and unconstitutional.
WP No. 39470 of 2024
Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 6.7.2023 passed in A.Thi.Mu.Nos.2566/2023 2565/2023 on the file of the 1st respondent and the order dated 7.3.2023 passed in P.G.No.104 of 2022 on the file of the 2nd respondent herein and quash the same.
For Petitioner(s): Mr.R.Balaramesh in all WPs’ For Respondent(s): Mr.R.Chakkaravathy, Government Counsel for R1 and R2 in all Wps’ Mr.K.V.Shanmuganathan for R3 in WP.No.39470 of 2024 R3-NA in WP,Nos.4102, 4157, 4262 & 4287 of 2025
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WP No. 4102 of 2025
COMMON ORDER
Since the issues involved in all the Writ Petitions are one and the same,
these petitions are being disposed of by this common order.
the orders passed by the second respondent in the respective Writ Petitions in P.G. Nos. 18, 104, 119, and 132 of 2022, vide orders dated 09.05.2022, 07.03.2023, 27.12.2022, and 21.02.2023 respectively.
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WP No. 4102 of 2025
extending the period of limitation beyond 120 days does not arise.
the appeal was not made, the Tribunal was right in dismissal of the appeal on the ground of non payment of pre-deposit. This Court does not find any infirmity in the order passed by the Appellate Authority / Additional Commissioner of Labour in refusing to entertain the appeal on the grounds of limitation. Under both circumstances wherein appeal is filed beyond 120 days or pre-deposit to entertain the appeal is not made, such appeals cannot be entertained and rightly dismissed by the forum below.
K.SURENDER J. 02-07-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
JAI
To
2. The Controlling Authority
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WP No. 4102 of 2025
Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem.
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WP No. 4102 of 2025
K.SURENDER J.
JAI
WP No. 4102 of 2025
AND WP NO. 4287 OF 2025,WP NO. 4157 OF 2025,WP NO. 4262 OF 2025,WMP NO. 4798 OF 2025,WMP NO. 4799 OF 2025,WMP NO. 4636 OF 2025,WMP NO. 4641 OF 2025,WMP NO. 4663 OF 2025,WMP NO. 4741 OF 2025,WMP NO. 4771 OF 2025,WMP NO. 4787 OF 2025,WP NO. 39470 OF 2024,WMP NO. 42714 OF 2024,WMP NO. 42715 OF 2024
02-07-2026
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2 issues framed by the court
Whether the employer's appeals against gratuity orders could be entertained when filed beyond the 120-day outer limit under Section 7(7) of the Payment of Gratuity Act, 1972.
Whether failure to make the monetary pre-deposit justified dismissal of the employer's statutory appeals.
2 provisions across 2 enactments
The Management Director, Dharmapuri District Co-operative Sugar Mills Ltd
The Appellate Authority/Additional Commissioner of Labour, Coimbatore-18
The Controlling Authority under the Payment of Gratuity Act 1972, Office of the Joint Commissioner of Labour, Salem
Mr. M. Rajendran
Mr. M. Kaliyappan
Mr. V. Murugesan
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
