Rep. By Its Registrar vs N. Suresh Kumar ... 1St
2023 Latest Caselaw 4924 Mad

                                                                     W.A.(MD) No.474 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 27.04.2023

                                                    CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                          W.A.(MD) No.474 of 2023
                                                   and
                                         C.M.P(MD) No.4876 of 2023


                 1.The Chancellor,
                   Kalasalingam Academy of
                   Research and Education,
                   (Deemed to be University),
                   Anand Nagar, Krishnakovil – 626 126,
                   Srivilliputhur Via,
                   Virudhunagar District.

                 2.The Vice Chancellor,
                   Kalasalingam Academy of
                   Research and Education,
                   (Deemed to be University),
                   Anand Nagar, Krishnakovil – 626 126,
                   Srivilliputhur Via,
                   Virudhunagar District.

                 3.Kalasalingam Academy of
                   Research and Education,
                   (Deemed to be University),

                 ____________
                 Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                 W.A.(MD) No.474 of 2023


                    Rep. by its Registrar,
                    Anand Nagar, Krishnakovil – 626 126,
                    Srivilliputhur Via,
                    Virudhunagar District.                                             ... Appellants

                                                           -vs-


                 1. N. Suresh Kumar                                          ... 1st Respondent/
                                                                                     Writ Petitioner


                 2. The Chairman,
                    The University Grants Commission,
                    Bahadur Shah Zafar Marg, New Delhi.

                 3. The Chairman,
                    All India Council For Technical Education (AICTE),
                    Nelson Mandela Marg, New Delhi.

                 4. The Secretary,
                    Department of Higher Education,
                    Government of Tamil Nadu,
                    Office of Director of Collegiate Education,
                    Chennai.                                           ... Respondents 2 to 4/
                                                                              Respondents 1 to 3

                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,

                 dated 30.08.2022, passed in W.P.(MD) No.19824 of 2022, on the file of this

                 Court.




                 ____________
                 Page 2 of 6

https://www.mhc.tn.gov.in/judis
                                                                                 W.A.(MD) No.474 of 2023


                                  For Appellants    : Mr.C.K.Chandrasekaran

                                  For Respondents   : Mr.M.Thirunavukkarasu for R1
                                                      Mr.N.Dilip Kumar for R3
                                                      Mr.D.Sadiq Raja
                                                      Additional Government Pleader for R4

                                                     JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The appeal is directed against the order of the Writ Court dated

30.08.2022, directing the employer to quantify the gratuity payable to the

petitioner and pay the same within a period of thirty (30) days.

2. Heard Mr.C.K.Chandrasekaran, learned counsel appearing for the

appellants; Mr.M.Thirunavukkarasu, learned counsel appearing for the first

respondent; Mr.N.Dilip Kumar, learned counsel appearing for the third

respondent and Mr.D.Sadiq Raja, learned Additional Government Pleader

appearing for the fourth respondent.

3. Mr.C.K.Chandrasekaran, learned counsel appearing for the

appellants is aggrieved by a direction of the Writ Court to pay the gratuity within

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.474 of 2023

a period of thirty (30) days. He would contend that if the first respondent is to

raise the dispute on the quantification, then the University be in trouble.

4. We make it clear that the employer shall quantify the gratuity

payable to the petitioner and pay the same within a period of sixty (60) days from

today. If the appellants are aggrieved by such quantification, it is open to them to

approach the authority under the Payment of Gratuity Act, 1972.

5. This writ appeal is disposed of with the above directions. No

costs. Consequently, connected miscellaneous petition is closed.

                                                        [R.S.M., J.]       [L.V.G., J.]
                                                                 27.04.2023
                 NCC      : No
                 Index : No
                 Internet : Yes
                 PKN




                 ____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.474 of 2023

To:

1. The Chairman, All India Council For Technical Education (AICTE), Nelson Mandela Marg, New Delhi.

2. The Secretary, Department of Higher Education, Government of Tamil Nadu, Office of Director of Collegiate Education, Chennai.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.474 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

PKN

W.A.(MD) No.474 of 2023

27.04.2023

____________

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