Madras High Court
Mrs.D.J.Hani Mary Sheniha vs The District Collector on 23 October, 2024
W.P.Nos.30858 of 2024 etc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.Nos.30858, 30862, 30864, 30866 & 30867 of 2024
W.P.No.30858 of 2024
Mrs.D.J.Hani Mary Sheniha ... Petitioner
Vs.
1.The District Collector,
District Collectorate Campus,
Chengalpet District,
Chengalpet.
2.The District Collector,
District Collectorate Campus,
Kancheepuram District,
Kancheepuram.
3.The Deputy Commissioner of Labour (I/C),
O/o. The Joint Commissioner of Labour II,
The Controlling Authority under the Gratuity Act,
II Floor, DMS Complex,
Anna Salai,
Chennai - 06.
Page 1 of 12
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4.The Chairman and the Managing Trustee,
JEPPIAAR SRR Engineering College
(Formerly SRR Engineering College)
run by Sivaraja Ramalingam Trust,
Old Mamallapuram Road,
Padur, Kanchipuram District - 603 103.
also at
Regd Office : No.29, Ganapathy Street,
Royapettah, Chennai 600 014. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to direct the first respondent to
consider the representation of the petitioner dated 01.08.2024 by taking
further actions against the fourth respondent to recover the gratuity
amount payable to the petitioner along with 15% compound interest from
the date on which it becomes due till the date of realization as per law
based on the Certificate of Recovery dated 03.06.2024 vide proceedings
No.D1/3192/24 issued by the third respondent.
For Petitioner : Mr.A.Ganapatheeswaran
For respondents : Mrs.M.Jayanthi, AGP for R1 to R3
COMMON ORDER
These Writ Petitions have been filed to direct the first respondent
to consider the representation of the petitioners to recover the gratuity
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amount payable to the petitioners from the fourth respondent along with
15% compound interest from the date on which it becomes due till the
date of realization as per law based on the Certificate of Recovery dated
03.06.2024 issued by the third respondent.
2. Heard Mr.A.Ganapatheeswaran, learned counsel for the
petitioners and Mrs.M.Jayanthi, learned Additional Government Pleader
appearing for the respondents 1 to 3 in all the Writ Petitions and perused
the materials available on record.
3. The petitioners are the erstwhile staff of the fourth respondent
Institution. After relieving from service, the petitioners have requested the
fourth respondent to pay the gratuity amount payable to them. As there
was no response evoked from the fourth respondent, the petitioners have
approached the third respondent under Payment of Gratuity Act seeking
direction to the fourth respondent to pay the gratuity amount payable to
them along with interest. The third respondent has passed an order on
26.10.2023 in PGA.No.174 of 2022, directing the fourth respondent to
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W.P.Nos.30858 of 2024 etc
pay the gratuity amount to the petitioners along with 10% interest.
3.1. Despite the petitioners sent a representation to the fourth
respondent along with the order of the third respondent, the fourth
respondent did not come forward to pay the gratuity amount along with
interest. Thereafter, the petitioners have again approached the third
respondent by filing Form -T and prayed to issue a certificate of recovery
against the fourth respondent. After issuing show cause, the fourth
respondent has issued certificate of recovery addressed to the second
respondent to collect the gratuity amount payable along with 15%
compound interest. The same was later transferred to the file of the first
respondent on the point of territorial jurisdiction. But, the first respondent
till date, neither considered the representation of the petitioners nor
passed any orders for recovery of the gratuity amount. Hence, the
petitioners are before this Court.
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W.P.Nos.30858 of 2024 etc
4. The learned counsel for the petitioners submitted that there is
an order of this Court passed in W.P.No.15515 of 2020 (S.Ponnusamy
Vs. The District Collector, Salem and Others), dated 09.11.2020,
wherein, this Court directed the Collector and Tahsildar / respondents 1
and 2 therein, to take effective steps to recover the amount payable in
terms of the certificate issued by the Controlling Authority. The relevant
paragraphs of the said judgment are extracted hereunder:
"8. As has been rightly pointed out by the
learned counsel for the petitioner, though the Labour
Commissioner has sent a communication in
Na.Ka.No.B4/3790/2019 dated 03.02.2020 to the first
respondent District Collector for invocation of the
provisions under Revenue Recovery Act for recovery of a
sum of Rs.1,51,740/- towards the remaining balance of
the gratuity payable to the petitioner from the third
respondent, the said request since have not been
considered, rightly the petitioner has approached this
Court, therefore, by taking into account the present stand
taken by the first and second respondents, as projected
by the learned Government Advocate appearing for them,
this Court feel that, this writ petition can be disposed of
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by passing the following orders.
The first and second respondents are
hereby directed to act upon, as per the request
made by the Labour Commissioner, Salem, who
is the controlling authority under the Payment of
Gratuity Act, by his proceedings in
Na.Ka.No.B4/3790/2019 dated 03.02.2020 and
accordingly, by invoking the provisions of
Revenue Recovery Act, the due payable by the
third respondent to the petitioner towards the
remaining balance of the gratuity to the extent of
Rs.1,51,740/~ shall be recovered and be
deposited, as directed by the Labour
Commissioner in the PG account and the
needful, as has been indicated above, shall be
undertaken by the first and second respondents
within a period of eight weeks from the date of
receipt of a copy of this order.
With these direction, the Writ Petition is
disposed of. However, there shall be no order as
to costs."
5. By making reference to the above judgment, this Court has
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W.P.Nos.30858 of 2024 etc
passed an order in another Writ Petition in W.P.No.9197 of 2021
(M.Ramesh Vs. The District Collector, Dharmapuri and Others), dated
15.04.2021, on similar lines. The relevant paragraphs in the said
judgment are reproduced hereunder:
"5. In fine, this Writ Petition is disposed of, with
a direction to the Respondents 1 and 2, namely, District
Collector and Tahsildar respectively to recover the
amount, within a period of 60 days from the date of
receipt of a copy of this order and pay it to the
Workman.
6. It is made clear that in case they fail to
comply with the order, Government is empowered to
take action, invoking the relevant Conduct Rules for
dereliction of their duty, which is unbecoming of a
member of the service and such irresponsible Officials
should be dismissed from service. Before initiating
action and dismissing from service, they must be
transferred to a non-sensitive post and their dereliction
should be entered into their Service Records within
three months from the date of their disobedience, so
that their promotions and other terminal benefits can
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be deprived. Before depriving the gratuity, an
opportunity must be given to the person concerned, who
are involved in the act of moral turpitude, as otherwise,
there is every possibility of getting their benefits on the
technical ground of violation of principles of natural
justice.
7. Whenever an application for recovery is
made, the Deputy Commissioner of Labour or the
Authority under the Workmen-s Compensation Act,
1923 is expected to issue a certificate for recovery of
the amount within a period of 60 days from the date of
such request made by the person concerned / employees
or by the Dependants, duly intimating the Collector
and Tahsildar, if there are no legal impediments. On
receipt of such intimation / certificate, the Collector
and Tahsildar shall comply with the statutory
requirements, attach properties and comply with the
certificate as demanded by the Deputy Commissioner of
Labour within a period of 90 days from the date of
receipt of the certificate.
8. After taking orders from the Hon-ble Chief
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Justice, Registry is directed to forward this order to the
Secretary to Government of Tamil Nadu, Labour and
Employment, who shall, in turn forward it to the
Commissioner of Labour and other Authorities, dealing
with cases under the provisions of the Payment of
Gratuity Act 1972, the Workmen-s Compensation Act,
1923, Tamil Nadu Payment of Subsistence Allowance
Act, 1981 and the like, to follow the directions issued in
Paragraphs Nos.6 & 7 of this order herein~above to
avoid delay. No costs."
6. The matter in issue is also similar to the earlier Writ Petitions
filed in W.P.No.15515 of 2020, dated 09.11.2020 and W.P.No.9197 of
2021 dated 15.04.2021. Since the petitioners in these Writ Petitions are
also similarly placed, their cases should also be appreciated on the similar
lines of consideration in the above Writ Petitions. Hence, I hold that the
petitioners are also entitled to the same relief as already granted to the
petitioners in the above Writ Petitions.
7. Accordingly, these Writ Petitions are disposed and the first
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respondent is directed to consider the representations of the petitioners
and pass orders to recover the gratuity amount payable to the petitioners
from the fourth respondent as per the certificate of recovery dated
03.06.2024 issued by the third respondent. The said exercise shall be
completed within a period of eight weeks from the date of receipt of a
copy of this order. No costs.
23.10.2024
Index:Yes/No
Speaking Order: Yes/No
Neutral Citation: Yes/No
gsk
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W.P.Nos.30858 of 2024 etc
To
1.The District Collector,
District Collectorate Campus,
Chengalpet District,
Chengalpet.
2.The District Collector,
District Collectorate Campus,
Kancheepuram District,
Kancheepuram.
3.The Deputy Commissioner of Labour (I/C),
O/o. The Joint Commissioner of Labour II,
The Controlling Authority under the Gratuity Act,
II Floor, DMS Complex,
Anna Salai, Chennai - 06.
4.The Chairman and the Managing Trustee,
JEPPIAAR SRR Engineering College
(Formerly SRR Engineering College)
run by Sivaraja Ramalingam Trust,
Old Mamallapuram Road,
Padur, Kanchipuram District - 603 103.
https://www.mhc.tn.gov.in/judis
W.P.Nos.30858 of 2024 etc
R.N.MANJULA, J.
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W.P.Nos.30858, 30862, 30864, 30866 & 30867 of 2024
23.10.2024
https://www.mhc.tn.gov.in/judis
