Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10.7.2014 Coram The Honourable Mr.Justice B.RAJENDRAN W.P. No.18167 of 2014 M.Murugesan ...Petitioner Vs.
1. The Managing Director Coimbatore District Central Coop.Bank State Bank Road, Coimbatore 2. The General Manager Coimbatore District Central Coop.Bank State Bank Road, Coimbatore ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents to pay the difference amount of gratuity together with interest at the rate of 10% per annum to the petitioner as per order passed by the Assistant Commissioner (Gratuity) of Labour, Coimbatore made in No.GA/217/2000 dated 25.6.2001. For Petitioner : Mr.C.Prakasam For respondents : Mr. Bala Ramesh Additional Government Pleader ORDER
By consent, the Writ Petition is taken up for final disposal at the time of admission itself. 2.Heard, Mr.C.Prakasam, learned counsel for the petitioner and also Mr.Bala Ramesh, learned Additional Government Pleader, who has taken notice on behalf of the respondents. 3.The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to pay the difference amount of gratuity together with interest at the rate of 10% per annum to the petitioner as per order passed by the Assistant Commissioner (Gratuity) of Labour, Coimbatore made in No.GA/217/2000 dated 25.6.2001.
4. The petitioner is the retired employee under the respondent Bank. The petitioner raised a dispute for payment of gratuity and the same was allowed. Thereafter, the Assistant Commissioner (Gratuity) of Labour, passed an order directing the respondents to pay the difference amounts of Rs.65,224/- within 30 days together with interest at the rate of 10% per annum. According to the petitioner, the respondents disbursed part of the amount of Rs.58,142 on 05.4.2002 and the remaining amount has not been disbursed to him inspite of his repeated request. Therefore, the petitioner made a representation dated 19.7.2013 requesting the respondents to disburse the difference amount of gratuity together with interest at the rate of 10% per annum. Since no order was passed on the said representation, the petitioner is before this Court.
5. Though the learned Counsel for the petitioner has elaborately argued on this matter, he confined his arguments to the extent that the respondents may be directed to pass appropriate orders on the representation dated 19.7.2013.
6. The learned Additional Government Pleader appearing for the respondents would submit that maximum amount has already been paid to the petitioner but however, the respondents will consider the representation of the petitioner, dated 19.7.2013 and pass orders, on merits and in accordance with law.
7. Taking into consideration of the limited prayer, especially, to consider the representation of the petitioner, dated 19.7.2013 alone, this Court only directs that the respondents shall consider the representation of the petitioner, dated 19.7.2013 in the light of the order dated 25.6.2001 passed by the Assistant Commissioner (Gratuity) of Labour, and pay the difference amount, if any, in accordance with law, if he is eligible, within a period of four weeks from the date of receipt of a copy of this order.
8. With the above direction and observation, this Writ Petition stands disposed of. No costs. 10.7.2014 Internet : Yes ga To 1. The Managing Director Coimbatore District Central Coop.Bank State Bank Road, Coimbatore 2. The General Manager Coimbatore District Central Coop.Bank State Bank Road, Coimbatore B.RAJENDRAN,J ga W.P. No.18167 of 2014 10.7.2014