Madrasdated High Court · 2025

W.P.Nos.31042 of 2014 and 34486 of 202431 D.SEKAR 32 M.R.NAGARAJAN 33 N.D.SRIRAMALU 34 R.S.NAMACHIVAYAM 35 SMT. LALITHA 36 STEPHEN SUDHAKAR37 D.MUNIRAJ 38 P.SIVANANDHAM (DECEASED) 39 V.RAJAN 40 I.RAJENDRAN 41 M.ABDUL SUBAN 42 V.MOHAN RAO 43 M.POTHARAJAN44 P.SOUNDARRAJAN 45 D.K.GOPALAKRISHNAN46 P.BALARAMAN 47 M.IBRAHIM 48 C.ANGAPPAN49 V.SRIRAMALU50 T.SEVATHAN 51 M.SIVAM 52 K.RAJU 53 D.M.MUNIYANDI 54 S.GANAPATHI 55 N.PERUMAL 56 M.SAKUNTHALA57 S.VARADHARAJAN58 R.KUPPUSAMY 59 G.PACHIAPPAN60 PALANIAMMAL 61 MAHESWARI62 ANNAPOORANI63 P.SINGARAM 64 M.KESAVAN 65 K.MANI 66 CHINNAMMAL67 RAMESH (P66, P67 SUBSTITUTED AS LRs OF DECEASED P18 VIDE ORDER DT 30.06.2023 MADE IN WMP.18485/2023 IN WP.31042/2014 BY VLNJ)2/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 202468 AMSAVENI (P68 SUBSTITUTED AS LRs OF DECEASED P10 VIDE ORDER DT 30.06.2023 MADE IN WMP.18487/2023 IN WP.31042/2014 BY VLNJ) 69 AMBIKA 70 SATHIYANARAYANAN 71 ANNAPOORNA 72 NAVEANEETHAKUMAR (P69 TO P72 SUBSTITUTED AS LRs OF DECEASED P22 VIDE ORDER DT 30.06.2023 MADE IN WMP.18488/2023 IN WP.31042/2014 BY VLNJ)73 MOHANKUMAR 74 SARAVANAN 75 VELUMANI 76 SRIDEVI (P73 TO P76 SUBSTITUTED AS LRs OF DECEASED P6 VIDE ORDER DT 30.06.2023 MADE IN WMP.18489/2023 IN WP.31042/2014 BY VLNJ)77 ABUBAKKAR (P77 SUBSTITUTED AS LRs OF DECEASED P17 VIDE ORDER DT 30.06.2023 MADE IN WMP.18490/2023 IN WP.31042/2014 BY VLNJ)78 THAMILARASI S 79 KANDAPRASATH S (P78 P79 SUBSTITUTED AS LRs OF DECEASED FIRST PETITIONER VIDE ORDER DT 25.07.2023 MADE IN WMP.18981/2023 IN WP.31042/2014 BY GKIJ)80 RAJAMMAL 81 SATHISH KUMAR82 RANJITH KUMAR (P80 TO P82 SUBSTITUTED AS LRs OF DECEASED P38 VIDE ORDER DT 25.07.2023 MADE IN WMP.19110/2023 IN WP.31042/2014 BY GKIJ)83 RAZIA BEGUM 3/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 202484 MUSTHAQ AHMED (P83, P84 SUBSTITUTED AS LRs OF DECEASED P7 VIDE ORDER DT 25.07.2023 MADE IN WMP.19115/2023 IN WP.31042/2014 BY GKIJ)85 VASANTHA 86 SAMPATHKUMAR 87 MANISEKARAN (P85 TO P87 SUBSTITUTED AS LRs OF DECEASED SECOND PETITIONER VIDE ORDER DT 25.07.2023 MADE IN WMP.19172/2023 IN WP.31042/2014 BY GKIJ)... Petitioners in W.P.31042/20141 A.KANDASAMY 2 R.SUSHEELA3 V. SUDARSANAM4 P. PRAGASPATHY5 S. EKAMBARAM6 V.JAYAKUMARI7 M.LAKSHMI8 V.VENKATESAN9 B.THIRUNAVUKARASU10 M. KANNIYAPPAN11 M. SINGARAVELU12 K. SAMPATH13 N.RANI14 K. SUBRAMANIAM15 T.R. MURUGAN16 P.PACHAIAPPAN17 M. MOHAMMED IQBAL18 P.SUNDARAMURTHI19 N.VENUGOPAL20 V. NATARAJAN21 SMT. SUGUNA RAJENDRAN22 G. SAMPATH23 S.VENKATESAN... Petitioners in W.P.34486/2024Vs.4/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 20241 THE APPELLATE AUTHORITY-CUM- JOINT COMMISSIONER OF LABOUR COIMBATORE – 18.2 THE MANAGEMENT DHARMAPURI DISTRICT CO-OPERATIVE BANK LTD. DHARMAPURI 636 701.3 THE CONTROLLING AUTHORITY-CUM- ASSISTANT COMMISSIONER OF LABOUR, OFFICE OF THE DEPUTY COMMISSIONER, SALEM.4 MURALI 5 SELVI 6 SURESH (R4 TO R6 SUBSTITUTED AS LRs OF DECEASED P18 VIDE ORDER DT 30.06.2023 MADE IN WMP.18485/2023 IN WP.31042/2014 BY VLNJ)7 SAMAKKAI 8 P.SURESH 9 SENTHAMARAI (R7 TO R9 SUBSTITUTED AS LRs OF DECEASED P10 VIDE ORDER DT 30.06.2023 MADE IN WMP.18487/2023 IN WP.31042/2014 BY VLNJ)10 SHAHEERA BANU 11 CHANDINI 12 SAJITHA (R10 TO R12 SUBSTITUTED AS LRs OF DECEASED P17 VIDE ORDER DT 30.06.2023 MADE IN WMP.18490/2023 IN WP.31042/2014 BY VLNJ)13 SIVARAMAN (R13 SUBSTITUTED AS LRs OF DECEASED FIRST PETITIONER VIDE ORDER DT 25.07.2023 MADE IN WMP.18981/2023 IN WP.31042/2014 BY GKIJ)... Respondents in W.P.31042/20145/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 20241 THE ADDL. COMMISSIONER OF LABOUR AND APPELLATE AUTHORITY UNDER PG ACT OF 1972, 6TH FLOOR D.M.S. COMPOUNDS, ANNASALAI, TEYNAMPET, CHENNAI – 600 006.2 THE DEPUTY COMMISSIONER OF LABOUR CONTROLLING AUTHORITY UNDER PG.ACT 1972 2 FLOOR. D.M.S. COMPOUNDS, ANNASALAI, TEYNAMPET, CHENNAI – 600 006.3 THE MANAGING DIRECTOR / ADMINISTRATOR, KANCHEEPURAM CENTRAL COOP. BANK LTD., SHEIKPET NORTH STREET, KANCHEEPURAM – 631 501.... Respondents in W.P.34486/2024Prayer in W.P.No.31042 of 2014:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the Common Order dated 04.04.2014 made in AGA Case Nos.1/2013 to 61/2013 on the file of the first respondent and quash the same and consequently direct the second respondent to pay the Gratuity amounts to the petitioners as per the orders dated 29.08.2012 made in PG Case Nos.80 to 87/2008, 13/2009, 14/2009, 35/2009, 36/2009, 40/2009, 10/2010, 20 to 22/2010, 29 to 32/2010, 34 to 47/2010, 49 to 54/2010, 57 to 70/2010 and 6/2011 on the file of the third respondent.6/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 2024Prayer in W.P.No.34486 of 2024:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the Common Order passed by the first respondent in Appeal in PGA No.39/2021 to 58/2021 and 70/2021, 71/2021 and 101/2021 dated 19.07.2022 and to quash the same and consequently direct the third respondent Bank to pay the better terms of gratuity arising out of the 12(3) settlement dated 19.03.1997 entered into between the third respondent bank and the employees union.For Petitioners : Mr.T.Sathiyamoorthy in W.P.No.31042 of 2014 Mr.G.Murugan for M/s.S.Nedunchezhiyan in W.P.No.34486 of 2024 For Respondents: Mr.K.Surendran for R1 and R3 Additional Government Pleader Mr.M.R.Raghavan for R2 in W.P.No.31042 of 2014 Mr.K.Surendran for R1 and R2 Additional Government Pleader Mr.R.Gopinath for R3 in W.P.No.34486 of 2024 C O M M O N O R D E RSince the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order.7/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 20242.The respective learned counsel appearing for the petitioners submitted that the petitioners are the retired employees of Dharmapuri District Co-Operative Bank Limited/ second respondent in W.P.No.31042 of 2014 and Kancheepuram Central Co-Operative Bank Limited/ third respondent in W.P.No.34486 of 2024 and after their retirement, the respective Bank did not pay gratuity amount to the petitioners in terms of the 12 (3) settlement entered by the respective Bank with the employees. Therefore, the petitioners approached the Controlling Authority under the Payment of Gratuity Act, 1972 and the Controlling Authority under the Payment of Gratuity Act, 1972, allowed their claims against which, the respective Bank filed appeal before the Appellate Authority under the Payment of Gratuity Act and the Appellate Authority held that the Controlling Authority has no jurisdiction to entertain the dispute in terms of the private settlement inbetween the parties under Section 12 (3) of the Industrial Disputes Act and challenging the same, the petitioners have filed these writ petitions.3.The respective learned counsel appearing for the petitioners further submitted that similar issue was considered by the Hon'ble Full 8/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 2024Bench of the Madurai Bennch of this Court in W.P.(MD) Nos.4844 of 2017 etc., batch [The Management, RK 10, Virudhunagaar District Central Co-operative Bank Limited] dated 30.10.2024 and held that the Controlling Authority under the Payment of Gratuity Act have the jurisdiction to decide the dispute in terms of the private settlement inbetween the parties under Section 12 (3) of the Industrial Disputes Act and hence the impugned orders are liable to be set aside.4.Heard and perused the materials available on record.5.The petitioners are the retired employees of Dharmapuri District Co-Operative Bank Limited/ second respondent in W.P.No.31042 of 2014 and Kancheepuram Central Co-Operative Bank Limited/ third respondent in W.P.No.34486 of 2024 and since the respective Bank did not pay gratuity amount to the petitioners in terms of the 12 (3) settlement entered by the respective Bank with the employees, they approached the Controlling Authority under the Payment of Gratuity Act, 1972 and the Controlling Authority under the Payment of Gratuity Act, 1972, allowed their claims against which, the respective Bank filed appeal before the Appellate Authority under the Payment of Gratuity Act and the Appellate Authority held that the 9/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 2024Controlling Authority has no jurisdiction to entertain the dispute in terms of the private settlement inbetween the parties under Section 12 (3) of the Industrial Disputes Act.6.Similar issue was considered by the Hon'ble Full Bench of the Madurai Bennch of this Court in W.P.(MD) Nos.4844 of 2017 etc., batch [The Management, RK 10, Virudhunagaar District Central Co-operative Bank Limited] dated 30.10.2024, the relevant portion of which reads as follows:“73.In view of all the reasons, We answer Reference Nos.1 and 2 as follows:(1)the Controlling Authority under Section 7(4) of the Payment of Gratuity Act, can entertain a claim for better terms of gratuity made by the employee under Section 4(5) of the Act.2)An employee would be entitled to gratuity for a period more than the total number of years that had been put in by him only in accordance with the terms of the settlement under Section 12(3) of the Industrial Disputes Act, 1947, or as provided under Section 4(5) of the Act under any award or agreement with the employer and not otherwise.” 10/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 20247.The decision cited supra makes it clear that the Controlling Authority under the Payment of Gratuity Act have the jurisdiction to decide the dispute in terms of the private settlement inbetween the parties under Section 12 (3) of the Industrial Disputes Act and hence the impugned orders are liable to be set aside. 8.Accordingly, the impugned orders dated 04.04.2014 and 19.07.2022 respectively, are set aside. The writ petitions are allowed. The Dharmapuri District Co-Operative Bank Limited/ second respondent in W.P.No.31042 of 2014 is directed to implement the orders dated 29.08.2012 made in PG Case Nos.80 to 87/2008, 13/2009, 14/2009, 35/2009, 36/2009, 40/2009, 10/2010, 20 to 22/2010, 29 to 32/2010, 34 to 47/2010, 49 to 54/2010, 57 to 70/2010 and 6/2011 on the file of the third respondent; the Kancheepuram Central Co-Operative Bank Limited/ third respondent in W.P.No.34486 of 2024 is directed to pay better terms of gratuity arising out of the 12(3) settlement dated 19.03.1997 entered into between the third respondent bank and the employees union and such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.11/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 20249.The writ petitions are allowed on the above terms. No costs. 14.03.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1 THE APPELLATE AUTHORITY-CUM- JOINT COMMISSIONER OF LABOUR COIMBATORE – 18.2 THE MANAGEMENT DHARMAPURI DISTRICT CO-OPERATIVE BANK LTD. DHARMAPURI 636 701.3 THE CONTROLLING AUTHORITY-CUM- ASSISTANT COMMISSIONER OF LABOUR, OFFICE OF THE DEPUTY COMMISSIONER, SALEM.4 THE ADDL. COMMISSIONER OF LABOUR AND APPELLATE AUTHORITY UNDER PG ACT OF 1972, 6TH FLOOR D.M.S. COMPOUNDS, ANNASALAI, TEYNAMPET, CHENNAI – 600 006.5 THE DEPUTY COMMISSIONER OF LABOUR CONTROLLING AUTHORITY UNDER PG.ACT 1972 2 FLOOR. D.M.S. COMPOUNDS, ANNASALAI, TEYNAMPET, CHENNAI – 600 006.6 THE MANAGING DIRECTOR / ADMINISTRATOR, KANCHEEPURAM CENTRAL COOP. BANK LTD., SHEIKPET NORTH STREET, KANCHEEPURAM – 631 501.12/13 https://www.mhc.tn.gov.in/judis W.P.Nos.31042 of 2014 and 34486 of 2024M.DHANDAPANI,J.priW.P.Nos.31042 of 2014 and 34486 of 202414.03.202513/13