High Court · 2025

WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 202145. R.Madasamy46. G.Chennakesavan47. V.Chokkalingam48. V.Veluchamy49. M.Jeyaraman50. K.Santhanam51. R.Ayanam52. G.Sivaprakasam53. S.Vanangamudi54. D.Balakrishnan55. M.Muthaiah56. P.Govindarajan57. N.S.Krishnan58. K.Kanagaraj... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the common order passed by the first respondent in P.G.Nos.53/2010 to 107/2010, 39/2009 and 10/2011 dated 02.07.2012 and quash the same. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.C.Venkatesh Kumar,4/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021 Special Government PleaderFor R2 to R58: Mr.V.O.S.KalaiselvamW.P.(MD)No.18614 of 2019The Management,Madurai District Central CooperativeBank Ltd.,Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority underPayment of Gratuity Act/ Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.2. S.Muthukamu... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent in P.C.No.107 of 2017 dated 17.06.2019 and quash the same. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.S.Vinodh, Government AdvocateFor R2: No appearanceW.P.(MD)No.13721 of 2019The Management,Madurai District Central Cooperative Bank Ltd.,5/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority underPayment of Gratuity Act/ Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.2. N.Subramanian... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the common order passed by the first respondent in P.C.No.184 of 2015 dated 27.12.2018 and quash the same. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.C.Venkatesh Kumar Special Government PleaderFor R2: Mr.V.O.S.KalaiselvamW.P.(MD)No.13722 of 2019The Management,Madurai District Central Cooperative Bank Ltd.,Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority underPayment of Gratuity Act/ Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.6/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 20212. S.Kalyanasundaram... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the common order passed by the first respondent in P.C.No.317 of 2016 dated 27.12.2018 and quash the same. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.C.Venkatesh Kumar Special Government PleaderFor R2: Mr.V.O.S.KalaiselvamW.P.(MD)No.13723 of 2019The Management,Madurai District Central Cooperative Bank Ltd.,Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority underPayment of Gratuity Act/ Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.2. S.Subburaj... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the common order passed by the first respondent in P.C.No.187 of 2015 dated 27.12.2018 and quash the same. 7/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021 For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.C.Venkatesh Kumar Special Government PleaderFor R2: Mr.V.O.S.KalaiselvamW.P.(MD)No.13724 of 2019The Management,Madurai District Central Cooperative Bank Ltd.,Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority underPayment of Gratuity Act/ Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.2. S.Kameswaran... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the common order passed by the first respondent in P.C.No.185 of 2015 dated 27.12.2018 and quash the same. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.C.Venkatesh Kumar Special Government PleaderFor R2: Mr.V.O.S.KalaiselvamW.P.(MD)No.13725 of 20198/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021The Management,Madurai District Central Cooperative Bank Ltd.,Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority underPayment of Gratuity Act/ Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.2. M.Abdul Kabur... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the common order passed by the first respondent in P.C.No.186 of 2015 dated 27.12.2018 and quash the same. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.C.Venkatesh Kumar Special Government PleaderFor R2: Mr.V.O.S.KalaiselvamW.P.(MD)No.9802 of 2021The Management,Madurai District Central Cooperative Bank Ltd.,Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority under9/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021Payment of Gratuity Act 1972, Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.2. V.Bala Sundari... RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed in P.G.No.5 of 2016 dated 22.07.2019 by the Controlling Authority under the Payment of Gratuity Act/Deputy Commissioner of Labour, Madurai and quash the same. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.C.Venkatesh Kumar Special Government PleaderW.P.(MD)No.17705 of 2021The Management,Madurai District Central Cooperative Bank Ltd.,Rep. by the Managing Director/Joint Registrar,187, North Veli Street,Madurai – 625 001. ... Petitionerversus1. The Controlling Authority underPayment of Gratuity Act, 1972, Deputy Commissioner of Labour, O/o. Joint Commissioner of Labour, Madurai – 600 002.2. S.Shanmuganandham... Respondents10/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed in P.G.I.A.No.107/2020 in P.G.No.309/2019 dated 23.03.2021 by the 1st respondent/Controlling Authority under the Payment of Gratuity Act/Deputy Commissioner of Labour, Madurai and quash the same and consequently, direct the 1st respondent to dismiss the petition filed in P.G.No.309/2019 by the 2nd respondent on the ground of lack of of jurisdiction. For Petitioner: Mr.D.Shanmugaraja SethupathiFor R1: Mr.S.Vinodh, Government Advocate For R2: No appearance COMMON ORDERAll these writ petitions are filed by the Management of the Central Co-operative Bank as against the orders passed by the Controlling Authority under the Payment of Gratuity Act, 1972. The Controlling Authority has passed an order directing the Management to pay additional gratuity as per the terms of the agreement. Challenging the same, these writ petitions have been filed. 2. Pending these writ petitions, some other writ petitions were referred to the Hon'ble Full Bench of this Court. The Hon'ble Full Bench, by order 11/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021dated 30.10.2024, in W.P.(MD)Nos.4452 of 2013 and 23500 of 2016, etc. batch, has answered the reference as under:“67. A careful cumulative analysis of provisions of law and the interpretations as observed above would indicate that a plain reading of the provisions of the Payment of Gratuity Act, 1972, would indicate that under Section 7(4)(a) of the Act, “if there any dispute as to the amount of gratuity payable to an employee under this Act”, the said admissibility of such claim should be examined only by the Controlling Authority, as defined under Section 3 of the Act. This is the only interpretation possible, since Section 4(5) of the Act recognises the right of the employee to receive 'better terms of gratuity' under any award or agreement or contract with the employer. Therefore, a dispute relating to the amount of gratuity payable would not only include the amount of gratuity payable as provided under Section 7(2) of the Act, but also as provided under Section 4(5) of the Act.”4. Challenging the same, the Management preferred Special Leave Petitions before the Hon'ble Supreme Court in SLP Nos.12362 to 12366 of 2025. The Hon'ble Supreme Court, on 13.05.2025, entertained the same and granted an interim order directing the parties to maintain status quo as on the date of order.12/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 20215. Admittedly, all the private respondents/employees have been paid the gratuity amount. However, they are claiming gratuity based on the agreement that they are entitled for gratuity for more number of years than their actual services as per the terms of the agreement. The issue has already been answered by the Hon'ble Full Bench and it has also been sub judiced before the Hon'ble Supreme Court. 6. Since the issue is pending before the Hon'ble Supreme Court, the pendency of these writ petitions before this Court would not serve any purpose. Therefore, all these writ petitions are closed with a direction to the Management to settle the amount if any, as per the orders of the Hon'ble Supreme Court, to the private respondents/employees, within a period of six weeks from the date of receipt of the orders of the Hon'ble Supreme Court. No costs. Consequently, connected miscellaneous petitions are closed. 09.09.2025 NCC : Yes/NoIndex :Yes/No Internet : Yes/Noogy13/14 https://www.mhc.tn.gov.in/judis WP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019, 9802 and 17705 of 2021B.PUGALENDHI,J.ogyWP(MD)Nos.4452 of 2013, 18614 and 13721 to 13725 of 2019,9802 and 17705 of 202109.09.202514/14