Madras High Court
The Commissioner vs R.Selvaraj on 5 January, 2021
W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
and
C.M.P.(MD)Nos.6267, 6273, 6276, 6278 & 6279, 6280 & 6281, 6284 & 6286,
6289 & 6290, 6295 & 6296, 6298 & 6301, 6302 & 6303, 6305 & 6306, 6323
& 6324, 6327 & 6328, 6329 & 6330, 6332 & 6333, 6335 & 6337, 6339 &
6341, 6344 & 6345, 6348 & 6349, 6350 & 6351, 6352 & 6353, 6367 & 6368,
6369 & 6370, 6373 & 6374, 6375 & 6376, 6377 & 6378, 6382 & 6383, 6384
& 6385, 6389 & 6390, 6406 & 6407 and 6408 & 6409 of 2019
1.The Commissioner,
Hindu Religious and Charitable Endowment Administration,
Nungampakkam High Road,
Chennai - 600 006.
2.The Joint Commissioner/Executive Officer,
Arulmigu Meenakshi Sundareswara Thirukovil,
Madurai. ... Appellants in all W.As.
Vs.
R.Selvaraj ... Respondent in W.A.(MD)No.703/2019
S.Sivanandham ... Respondent in W.A.(MD)No.704/2019
M.C.Dhanalakshmi ... Respondent in W.A.(MD)No.706/2019
P.Subbiah ... Respondent in W.A.(MD)No.708/2019
N.Anandan ... Respondent in W.A.(MD)No.709/2019
P.Rajendran ... Respondent in W.A.(MD)No.710/2019
V.Govindan ... Respondent in W.A.(MD)No.711/2019
V.Thangam ... Respondent in W.A.(MD)No.712/2019
M.S.Sugadev ... Respondent in W.A.(MD)No.713/2019
S.Venkatachalam ... Respondent in W.A.(MD)No.714/2019
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W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
C.Sudanthiramani ... Respondent in W.A.(MD)No.717/2019
M.Muthumeenatchi Sundaram ... Respondent in W.A.(MD)No.718/2019
T.Sankaralingam ... Respondent in W.A.(MD)No.719/2019
K.V.Gangadharan ... Respondent in W.A.(MD)No.720/2019
Mahadevan ... Respondent in W.A.(MD)No.721/2019
Mookkusamy ... Respondent in W.A.(MD)No.722/2019
P.Dharmamani ... Respondent in W.A.(MD)No.723/2019
V.Chandran ... Respondent in W.A.(MD)No.724/2019
M.Ramalingam ... Respondent in W.A.(MD)No.725/2019
V.Rathinam Othuvaar ... Respondent in W.A.(MD)No.726/2019
P.Murugan ... Respondent in W.A.(MD)No.729/2019
V.Mani ... Respondent in W.A.(MD)No.730/2019
K.Marisamy ... Respondent in W.A.(MD)No.731/2019
V.Vellayan ... Respondent in W.A.(MD)No.732/2019
N.K.Rajkumar ... Respondent in W.A.(MD)No.733/2019
K.Kumaran Pattar ... Respondent in W.A.(MD)No.734/2019
R.Krishnamoorthy ... Respondent in W.A.(MD)No.735/2019
R.Nayagam ... Respondent in W.A.(MD)No.736/2019
S.Shanmugam ... Respondent in W.A.(MD)No.737/2019
V.Kailasam ... Respondent in W.A.(MD)No.738/2019
Prayer : Writ Appeals filed under Clause 15 of Letters Patent Act, against the
common order dated 18.01.2019, made in W.P.(MD)Nos.746 to 775 of 2019.
For Appellants in all W.As. : Mr.VR.Shanmuganathan
Special Government Pleader
For Respondent in all W.As. : Mr.R.Ramasamy
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
All these appeals have been preferred against the common order dated
18.01.2019, passed by the learned Single Judge in a batch of Writ Petitions filed
in W.P.(MD)Nos.746 to 775 of 2019, by which, a direction was issued to
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W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
implement the order passed by the authority constituted under the Payment of
Gratuity Act, 1972. As the aforesaid orders were not complied with, some of
the respondents herein, who were Writ Petitioners, filed Contempt Petitions in
Cont.P.(MD)Nos.598 to 619 of 2019 before this Court. In the said Contempt
Petitions, the learned Single Judge, by order dated 30.08.2019, has held as
follows:-
''3.This Court therefore permits the petitioners herein to move
the appellate authority and have the interest amounts withdrawn. There
is no need for the appellate authority to issue notice to the temple
management or get its no objection. In other words, the appellate
authority will disburse the interest amount directly to the respective
claimants. I am therefore making a direction to that effect. Of course
the rights of the parties will abide by the final outcome of the
applications filed by the authority before the appellate authority/writ
appeals/proceedings pending before the Hon'ble Supreme Court.''
Aggrieved over the said order, Contempt Appeals in Cont.A.(MD)Nos.12 to 40
of 2019 were filed before the Division Bench of this Court, wherein this Court,
in and by order dated 19.11.2019, was pleased to pass the following order:
''3.Mr.R.Ramasamy, learned counsel accepting notice on
behalf of the respondents submitted that the present appeals have
become infructuous, inasmuch as the interest amount deposited has
already been withdrawn and in certain other cases, the temple
authorities themselves have paid the entire gratuity amount along with
the interest. Further, it is submitted that the appeals filed by the
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W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
appellants before the appellate authority under the Act have been
dismissed.
4.In order to verify the correctness of the submission, we
passed over the matter and Mr.R.Ramasamy, learned counsel has
produced a copy of the proceedings of the Additional Commissioner
of Labour dated 13.09.2019 addressed to the Joint
Commissioner/Executive Officer of Arulmigu Meenakshi
Sundareswarar Thirukovil. On perusal of the said proceedings, it is
seen that the appeals filed by the department have not been dismissed,
but they have been returned for non-compliance of the pre-deposit,
which appears to have been done and amount has also been
withdrawn.
5.In the light of the above, we permitted the appellants
department to pursue the appeals before the appellate authority and if
not already re-presented, the same shall be re-presented at the earliest
and if the appellants have complied with the statutory requirement,
then the appellate authority shall entertain the appeals and issue
notice to the respondents and hear them and decide the matter on
merits and in accordance with law. Needless to say that the amount
which has been withdrawn by the respondents was subsequent to the
presentation of the appeal, though not fully complied. In any event,
any withdrawal made by the respondents would be subject to the
order that has to be passed by the appellate authority under the
provisions of the Payment of Gratuity Act, 1972.
6.With the above observations, these Contempt Appeals
stand disposed of. Consequently, connected Miscellaneous Petitions
are closed.”
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W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
2.As stated by the learned Special Government Pleader appearing for
the appellants, nothing survives for further adjudication in these Writ Appeals,
in view of the order passed in the above said Contempt Appeals. It is stated by
the learned Special Government Pleader appearing for the appellants that
appeals are pending in Payment of Gratuity Appeal Nos.3 and 7 of 2020 before
the appellate authority, namely, the Additional Commissioner of Labour,
Madurai. Hence, the appellants can work out their remedy in the pending
appeals.
3.Accordingly, these Writ Appeals are closed with the direction to the
appellate authority, namely, the Additional Commissioner of Labour, Madurai,
to dispose of the pending appeals as afore-stated within 12 weeks from the date
of receipt of a copy of this judgment. No costs. Consequently, connected
Miscellaneous Petitions are closed.
Index :Yes/No [M.M.S., J.] [S.A.I., J.]
Internet :Yes 05.01.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
sj
To
1.The Commissioner,
Hindu Religious and Charitable Endowment Administration,
Nungampakkam High Road,
Chennai - 600 006.
2.The Joint Commissioner/Executive Officer,
Arulmigu Meenakshi Sundareswara Thirukovil,
Madurai.
Copy to
The Additional Commissioner of Labour,
Madurai.
Common Judgment made in
W.A.(MD)Nos.703, 704, 706, 708 to 714, 717 to 726 and 729 to 738 of 2019
05.01.2021
http://www.judis.nic.in
