N.Moorthy vs The Joint Registrar Of ...
2022 Latest Caselaw 18199 Mad

                                                                              W.A(MD)No.1489 of 2022


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 15.12.2022

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR
                                                     and
                                   THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.A(MD)No.1489 of 2022

                 N.Moorthy                                  ... Appellant/Petitioner

                                                      vs.

                 1.The Joint Registrar of Co-operative Societies,
                   Madurai Region,
                   Palanganatham,
                   Madurai District.

                 2.The Circle Deputy Registrar,
                   Madurai Circle,
                   Palanganatham,
                   Madurai District.

                 3.A2625 Madura Coats Employees
                     Co-operative Credit Society Limited,
                   Represented by its President,
                   42/140, Akila Complex 1st Floor,
                   Aarapalayam Padithurai,
                   Madurai – 16.                          ... Respondents/Respondents


                 PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside
                 the order, dated 02.11.2022 passed in W.P(MD)No.18772 of 2020, on the
                 file of this Court.



                 1/5

https://www.mhc.tn.gov.in/judis
                                                                                            W.A(MD)No.1489 of 2022



                                  For Appellant                  : Mr.P.R.Prithiviraj

                                  For RR 1 & 2                   : Mr.A.Sivanu Pandian
                                                                       Government Advocate


                                                            JUDGMENT

[Judgment of the Court was made by D. KRISHNAKUMAR, J.)

The appellant/writ petitioner has filed the instant Writ Appeal

challenging the dismissal order passed by the Writ Court in W.P(MD)No.

18772 of 2020, dated 02.11.2022.

2.Today, when the matter is taken up for hearing, the learned

counsel appearing for the appellant/writ petitioner has fairly submitted that

the appellant will make a representation to the respondents for payment of

gratuity and provident fund amount.

3.The learned Government Advocate appearing for the

respondents 1 and 2 has no objection if the petitioner made a

representation to the respondents for granting of the aforesaid gratuity and

provident fund amount, the authority concerned will consider the same and

https://www.mhc.tn.gov.in/judis W.A(MD)No.1489 of 2022

pass appropriate orders on merits and in accordance with Rules, within a

time frame.

4.In the light of the above, the order passed by the Writ Court is

perfectly right and the same does not warrant interference. However,

considering the request made by the appellant, the appellant is directed to

submit a representation before the third respondent for granting of gratuity

and provident fund amount within a period two weeks from the date of

receipt of a copy of this order. On receipt of such representation, the third

respondent is directed to consider the same and pass appropriate orders on

merits and in accordance with Rules within a period of four weeks

thereafter. If necessary, the third respondent also obtains appropriate

orders from the second respondent.

5.With the above directions, this Writ Appeal is disposed of. No

costs.

                                                            [D.K.K.,J.] & [R.V.,J.]
                                                                    15.12.2022

                 Index    : Yes / No
                 Internet : Yes
                 ps

https://www.mhc.tn.gov.in/judis W.A(MD)No.1489 of 2022

To

1.The Joint Registrar of Co-operative Societies, Madurai Region, Palanganatham, Madurai District.

2.The Circle Deputy Registrar, Madurai Circle, Palanganatham, Madurai District.

3.A2625 Madura Coats Employees Co-operative Credit Society Limited, Represented by its President, 42/140, Akila Complex 1st Floor, Aarapalayam Padithurai, Madurai – 16.

https://www.mhc.tn.gov.in/judis W.A(MD)No.1489 of 2022

D. KRISHNAKUMAR,J.

and

R.VIJAYAKUMAR,J.

ps

ORDER MADE IN W.A(MD)No.1489 of 2022

15.12.2022

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