BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/12/2010 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.8829 of 2008 D.Dhamayanthy ... Petitioner Vs. 1.The District Collector, Trichy. 2.The Tiruchirappalli Consumers Co-operative Wholesale Stores Ltd., Rep.by its Special Officer, 12/1, E.V.R.Road, Puthur, Trichy. ... Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to recover the petitioner's gratuity arrears from the second respondent and pay the same to the petitioner. !For Petitioner ... Mr.N.C.Ashok Kumar ^For Respondents... Mr.D.Sasikumar, Government Advocate for R1 ... Mr.S.Karthik for R2 :ORDER
The petitioner has filed the present Writ Petition praying for issuance of
Writ of a Mandamus before this Court for issuance of an order in directing the
first respondent to recover the petitioner’s Gratuity arrears from the Second
Respondent and pay the same to the petitioner.
2.The petitioner joined the services of the Second Respondent as Sales
Woman on 07.10.1973. She voluntarily retired from the service on 31.03.2001.
The Second Respondent has not paid a sum of Rs.14,420/-(Rupees Fourteen Thousand
Four Hundred and Twenty only)towards gratuity amount to which the petitioner is
entitled to. As such, the petitioner projected P.G.Application No.3 of 2002
before the Assistant Commissioner of Labour, Trichy. On 29.12.2003, the Second
Respondent has been directed to pay Rs.14,420/-(Rupees Fourteen Thousand Four
Hundred
and Twenty only) together with 10% interest from the date on which it has fallen
due, till date of payment.
3.It is the case of the petitioner that since the aforesaid amount has not
been paid, the Assistant Commissioner of Labour, Trichy, has issued necessary
Certificate as per Section 8 of the Payment of Gratuity Act. Although, repeated
representations have been made by the petitioner to the First Respondent, no
steps have been taken to recover the amount from the Second Respondent.
Therefore, the petitioner has been left with no option, but to project the
present writ petition.
4.Admittedly, the petitioner is entitled to a sum of Rs.14,420/-(Rupees
Fourteen Thousand Four Hundred and Twenty only) with interest at 10% per annum
from the date on which the amount has fallen due till the date of payment.
Notwithstanding the fact that the Assistant Commissioner of Labour, Trichy, has
passed an order dated 29.12.2003, in and by which the application filed by the
petitioner in P.G.Application No.3 of 2002 has been allowed, the amount has not
been paid to the petitioner and subsequently, a necessary Certificate as per
Section 8 of the Payment of Gratuity Act, has been issued by the Assistant
Commissioner of Labour, Trichy. However, the representations made by the
petitioner to the First Respondent,District Collector, Trichy, have proved
otiose.
5.On going through the averments made by the petitioner in the present writ
petition, this Court is of the considered view that the writ petition is to be
allowed in the interest of justice,equality, fair play good conscience and even
in the matter of prudence, when that too, the petitioner has retired from
service voluntarily on 31.03.2001, till she is not able to get the monetary
benefits due from the concerned authority.
6.Therefore, this Court allows the present writ petition in directing the
First Respondent District Collector, Trichy, to recover the petitioner’s
Gratuity arrears from the Second Respondent as per the order dated 29.12.2002 in
Gratuity Case No.3 of 2002 within a period of three months from the date of
receipt of a copy of this order. No costs.
gsr
TO
1.The District Collector,
Trichy.
2.The Tiruchirappalli Consumers
Co-operative Wholesale Stores Ltd.,
Rep.by its Special Officer,
12/1, E.V.R.Road,
Puthur, Trichy.
