✦ High Court of India · 19 Jun 2025

High Court · 2025

Case Details High Court of India · 19 Jun 2025

Court

High Court of India

Decided

19 Jun 2025

Bench

M DHANDAPANI

Length

1,837 words

Acts & Sections

Authority under Payment of Gratuity Act 1972 Authority under Tamilnadu Conferment of permanent Status to Workmen Act 1981 Constitution of India

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.02.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.16527 of 2020andW.P.No.24239 of 2015and W.P.Nos.13058, 13061,13063, 13066, 13068, 13071, 13073, 13074 & 13077 of 2019andW.M.P.No.20486 of 2021and W.M.P.Nos.20504 & 20506 of 2020andW.M.P.Nos.13190, 13191, 13193, 13194, 13195, 13197, 13198 & 13201 of 2019W.P.No.16527 of 2020The Management,Christian Medical College & HospitalIda Scudder Road,Vellore - 632 004rep by its General Superintendent ..PetitionerVs.1. The Additional Commissioner of Labour, (Appellate Authority under Payment of Gratuity Act) Vellore.2. Assistant Commissioner of Labour (Authority under Payment of Gratuity Act, 1972), Vellore.3. Veeraswamy3/17 https://www.mhc.tn.gov.in/judis

4. R.Periaswamy5. R.Arumugam6. Thandavarayan7. K.Rayappan8. Venkatachalam9. Perumal10. K.Karuppiah ...RespondentsPrayer in W.P.No.16527 of 2020: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records connected with the impugned order dated 23.12.2019 passed by the 1st Respondent in P.G.A.No.137 to 144 of 2017 and quash the same. For Petitioner : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesFor R3 to R9: Mr. S.T.VaradarajuluFor R1 & R2: Mr.K.Surendran Additional Government PleaderW.P.No.24239 of 2015The Management,Christian Medical College & HospitalIda Scudder Road,Vellore - 632 0044/17 https://www.mhc.tn.gov.in/judis rep by its General Superintendent ....Petitioner Vs.1. The Labour Inspector, (Authority under Tamilnadu Conferment of permanent Status to Workmen Act, 1981) TNHB Building, Sathuvachari, Vellore.2. T.Rayappan3. Raman4. K.Perumal5. Chinnapillai6. Thandavarayan7.Navamani8.Karuppiah9.Perumal10.Venkatachalam11.S.Stephan12. Veeraswamy13.S.Ravichandran14.Arunachalam15.K.Shanmugam5/17 https://www.mhc.tn.gov.in/judis

16.R.Periaswamy17.R.Parthasarathy18.J.Mathew19.K.Sivalingam20. Ponnuswamy21. R.Arumugam ...Respondents in W.P.No.24239 of 2015Prayer in 24239 of 2015: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records connected with the impugned order dated 24.04.2015 passed by the 1st respondent in Na.Ka.No.3121 of 2014 and quash the same.For Petitioner : Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesFor R1: Mr.K.Surendran Additional Government PleaderFor R2 to 21: Mr. S.T.VaradarajuluW.P.No.13058 of 2019Navamani...Petitioner Vs.The Management,6/17 https://www.mhc.tn.gov.in/judis Christian Medical College & Hospital,Vellore - 632 002. ...RespondentPrayer in W.P.No.13058 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.93 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesW.P.No.13061 of 2019Steephan ...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore. ...RespondentPrayer in W.P.No.13061 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.94 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with 7/17 https://www.mhc.tn.gov.in/judis continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesW.P.No.13063 of 2019S.Ravichandran...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore - 632 002. ...RespondentPrayer in W.P.No.13063 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.103 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates8/17 https://www.mhc.tn.gov.in/judis W.P.No.13066 of 2019Navamani...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore - 632 002. ...RespondentsPrayer in W.P.No.13066 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.110 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesW.P.No.13068 of 2019M.Perumal ...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore - 632 002. ...RespondentsPrayer in W.P.No.13068 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call 9/17 https://www.mhc.tn.gov.in/judis for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.109 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesW.P.No.13071 of 2019S.Arunachalam...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore - 632 002. ...RespondentsPrayer in W.P.No.13071 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.106 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and Associates10/17 https://www.mhc.tn.gov.in/judis W.P.No.13073 of 2019K.Sivalingam...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore - 632 002. ...RespondentPrayer in W.P.No.13073 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.107 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesW.P.No.13074 of 2019R.Ponnuswamy...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore - 632 002. ...RespondentPrayer in W.P.No.13074 of 2019: Petition filed under Article 226 of the 11/17 https://www.mhc.tn.gov.in/judis Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.102 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondents: Mr.Sanjay Mohan for M/s.S.Ramasubramaniam and AssociatesW.P.No.13077 of 2019J.Mathew ...Petitioner Vs.The Management,Christian Medical College & Hospital,Vellore - 632 002. ...RespondentPrayer in W.P.No.13077 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Award of the Principal Labour Court, Vellore dated 16.02.2016 in I.D.No.111 of 2014 and quash the same and consequently direct the respondent to reinstate the petitioner with continuity of service and with back wages and other attendant benefits, Award Costs. For Petitioner : Mr. S.T.VaradarajuluFor Respondent: Mr.Sanjay Mohan12/17 https://www.mhc.tn.gov.in/judis for M/s.S.Ramasubramaniam and AssociatesCOMMON ORDER Since the issue involved in these writ petitions are one and the same, they are disposed of by way of this common order.2. The brief facts are that the labourers in respective writ petitions have filed their respective petitions before the Labour Court seeking reinstatement with contintuity of service and the same was dismissed vide impugned orders. Challenging the same, the labourers have filed W.P.Nos.13058, 13061, 13063, 13066, 13068, 13071, 13073, 13074 & 13077 of 2019 seeking to quash the impugned orders. In respect of the other batch of writ petitions, the labourers have filed a application before the Labour Court, seeking conferment of permanent status, wherein the Labour Court vide common order dated 24.04.2015 held that the respective labourers were entitled to permanent status only in respect of workers who did not attain the age of superannuation. Aggrieved by the same, the management has filed a writ petition before this Court in W.P.No.24239 of 2015 which is still pending. In the meantime, the respective labourers in respective writ petitions have also filed an application seeking a direction to the management to pay the gratuity to 13/17 https://www.mhc.tn.gov.in/judis the labourers, wherein the Labour Court directed the management to pay gratuity to the labourers. Aggrieved over the same, the management has filed appeals before Appellate authority after depositing an amount of Rs.8,41,408/- before the lower appellate Court. However, the appellate authority while dismissing the appeals filed by the management has directed the management to pay gratuity as decided by the lower appellate Court along with simple interest from the date of gratuity. Challenging the award passed by the appellant authority in P.G.A.Nos.137 to 144 of 2017, the management has filed W.P.No.16527 of 2020.3. Though the above writ petitions have been filed seeking the aforesaid reliefs, however, the learned counsel for the management submitted that this Court may direct the labourers to withdraw the amount as ordered by the controlling authority which being deposited by the management along with accrued interest as costs as ex-gratia in full quit within the time frame that may be stipulated by this Court.4. The learned counsel for the respective workmen has no objection for the order being passed.14/17 https://www.mhc.tn.gov.in/judis

5. Heard the learned counsel on either side and perused the materials placed on record.6. In the light of the above this Court without going into the merits of the case directs the Gratuity authority to disburse a sum of Rs.78,688/- to each workman with accrued interests and costs as full quit within a period of four (4) weeks from the date of receipt of a copy of this order. With the above observation and directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 25.02.2025RAPSpeaking Order: Yes/ NoIndex: Yes/ No NCC: Yes/ NoTo1. The Additional Commissioner of Labour, (Appellate Authority under Payment of Gratuity Act) Vellore.2. Assistant Commissioner of Labour (Authority under Payment of Gratuity Act, 1972),15/17 https://www.mhc.tn.gov.in/judis Vellore.3. The Labour Inspector, (Authority under Tamilnadu Conferment of permanent Status to Workmen Act, 1981) TNHB Building, Sathuvachari, Vellore.M.DHANDAPANI., J.rap16/17 https://www.mhc.tn.gov.in/judis W.P.Nos.16527 of 2020andW.P.No.24239 of 2015and W.P.Nos.13058, 13061,13063, 13066, 13068, 13071, 13073, 13074 & 13077 of 201925.02.202517/17

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