Madras High Court
The Management vs V.Jayaraj (Deceased) on 7 October, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.A.No.3136 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
W.A.No.3136 of 2024
and CMP.No.24072 of 2024
1. The Management
Thanjavur District Co Operative- Milk Producers Union Limited,
Thanjavur.
... Appellant
Vs.
V.Jayaraj (deceased)
1.Kamini
2.J.Ram Manohar
(R1 and R2 substituted as legal heirs of deceased
sole petitioner vide order dated 05.04.2022 in
WMP.No.7328 of 2022)
3.The Presiding Officer
Labour Court, Cuddalore.
... Respondents
Page 1 of 6
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W.A.No.3136 of 2024
PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying
to set aside the order made in WP.No.16096 of 2004 dated 02.09.2022.
For Appellant : Mr.V.Rajinikanth
For Respondents : Mr.R.Thirugnanam for R1 & R2
JUDGMENT
(Judgment of this Court was delivered by M.S.RAMESH.J)
This Writ Appeal has been filed to set aside the order made in
WP.No.16096 of 2004 dated 02.09.2022.
2. The respondents 1 and 2 are the legal heirs of one V.Jayaraj, who
was an ex-employee of the appellant Co-operative Milk Producers Union.
On a set of proven charges, the employee was dismissed from service on
30.06.1993. The challenge made to the order of dismissal before the
Labour Court, Cuddalore in I.D.No.188 of 1993 was dismissed on
03.07.2003. When the employee had challenged the same before the Writ
Court in W.P.No.16096 of 2004, the learned counsel appearing for the
legal heirs of the deceased employee had offered to repay the sum of
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Rs.9,047.26/-, which is alleged to have been misappropriated by the
deceased employee, together with 6% interest for the period 07.09.1989 to
10.01.2004. The learned counsel for the Management had accepted the
offer and had requested the Writ Court to grant them liberty to settle the
benefits in two instalments, after deducting the sum of Rs.9,047.26/- with
6% interest. The submissions made by both the counsels were recorded by
the Writ Court in the following manner:
“2.When the matter was taken up for hearing the
learned counsel for the petitioner submitted that the
petitioner is ready to pay the amount of Rs.9,047.26/-
with 6% interest from 07.09.1989 (date of non remittance
of amount) to 10.01.2004 (date of superannuation) to the
second respondent management and further submitted
that this Court may direct the second respondent to settle
back the petitioner's terminal benefits after deducting the
aforesaid sum with interest.
3. The learned counsel appearing for the second
respondent submitted that this Court may permit the
second respondent to settle the terminal benefits to the
petitioner in two installments, after deducting the sum of
Rs.9,047.26/- with 6% interest from 07.09.1989 to
10.01.2004.”
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3. It is in this background, the learned Single Judge had directed the
appellant herein to settle the balance amount of terminal benefits to the
legal heirs of the late employee in two instalments, in the following
manner:
“7.As submitted by the learned counsel appearing
for the second respondent, this Court permits and directs
the second respondent to settle the balance amount of
terminal benefits to the petitioner in two instalments i.e.,
the first installment of sum of Rs.1,00,000/- has to be
paid on or before 06.10.2022 and the remaining amount
has to be paid by way of second installment on or before
07.11.2022 after deducting the sum of Rs.9,047.26/- with
6% interest.”
4. Having conceded before the learned Single Judge to pay the
retirement benefits in two instalments, after deducting the sum of
Rs.9,047.26/- along with 6% interest, it would not be now open to the
appellant to challenge the said order, which is apparently a consented
order. As such, none of the grounds raised by the appellant herein in this
appeal deserves consideration.
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5. Accordingly, the Writ Appeal stands dismissed with a direction to
the appellant to comply with the order passed in WP.No.16096 of 2004
dated 02.09.2022, within a period of one (1) week from the date of receipt
of a copy of this order. No Costs. Consequently, connected miscellaneous
petition is closed.
[M.S.R., J] [R.S.V.,J]
07.10.2025
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Anu
Note: Issue order copy on 07.10.2025
To
The Presiding Officer
Labour Court, Cuddalore.
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M.S.RAMESH, J.
and
R.SAKTHIVEL, J.
Anu
07.10.2025
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