Citation : 2022 Latest Caselaw 17275 Mad
Judgement Date : 3 November, 2022
W.A.No.2214 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
W.A.No.2214 of 2022
& C.M.P.No.16610 of 2022
R-656, Rajapuram Primay Agricultural
Co-operative Credit Society Ltd.,
Rep., by its Administrator,
Rajapuram-639 201,
Aravakurichy (Via)
Karur District. .. Appellant
vs
1. A.Natarajan
2.The State of Tamil Nadu,
Rep., by the Secretary to Government,
Co-operation, Food & C.P. Department,
Fort St. George,
Chennai-600 009.
3.The Registrar of Co-operative Societies,
No.170, E.V.R. Periyar High Road,
Kilpauk, Chennai-600 010.
4.The Commissioner of Labour,
DMS Campus, Anna Salai,
Teynampet, Chennai-600 006.
(Impleaded R4 vide order of Court dt.
29.09.2022 made in CMP.No.16610/2022
in W.A.No.2214 of 2022) .. Respondents
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.No.2214 of 2022
Appeal filed under Clause 15 of Letters Patent against the order
dated 29.04.2022 made in W.P.No.23634 of 2017.
For Appellant : Mr.Dhalapathy Vignesh Kumar
For Respondents : Mr.S.Silambanan,
Addl. Advocate General
Assisted by
Mr.Abhishek Moorthy,
Government Advocate
JUDGMENT
(Delivered by PARESH UPADHYAY.,J)
1. Challenge in this appeal is made to the order dated
29.04.2022 recorded on W.P. No.23634 of 2017. This appeal is by the
third respondent.
2. The original writ petitioner has retired on 31.03.2015.
Since his retirement dues, including gratuity etc., is not paid, he had
approached this Court and learned single Judge has directed the State
Authorities (respondent nos. 1 and 2) to ensure that the terminal
benefits of the petitioner, with interest, as stated earlier is immediately
paid. Direction is also given to file compliance report by 30.09.2022
before the Registrar (Judicial) of this Court and shall be at liberty to
recover the same from the third respondent in the manner recognised
https://www.mhc.tn.gov.in/judis W.A.No.2214 of 2022
by law.
3. The State is not in appeal. We do not see any reason to
interfere with the order passed by learned single Judge, at the instance
of the third respondent. This appeal therefore needs to be dismissed.
4. We also take note of the order of this Court dated
29.09.2022. We had requested the State Authorities, through the
Commissioner of Labour of the State to look into the matter. No
response has come from the said authority.
5. The direction of learned single Judge is confirmed,
consequence to follow.
6. For the reasons recorded above, this writ appeal is
dismissed. No costs. Connected miscellaneous petition would not
survive.
(P.U., J) (D.B.C., J) 03.11.2022 Index:No raa/46
https://www.mhc.tn.gov.in/judis W.A.No.2214 of 2022
To
1.The Secretary to Government, State of Tamil Nadu, Co-operation, Food & C.P. Department, Fort St. George, Chennai-600 009.
2.The Registrar of Co-operative Societies, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai-600 010.
3.The Commissioner of Labour, DMS Campus, Anna Salai, Teynampet, Chennai-600 006.
https://www.mhc.tn.gov.in/judis W.A.No.2214 of 2022
PARESH UPADHYAY, J.
and D.BHARATHA CHAKRAVARTHY, J.
raa
W.A.No.2214 of 2022
03.11.2022
https://www.mhc.tn.gov.in/judis
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