K.Ramachandran v. The District Collector

ORDER By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is passed against the private respondent, notice to the private respondent is dispensed with.

¶2This writ petition has been filed for a direction, directing the Respondents to compete recovery proceedings under the Revenue Recovery Act, 1864 and disburse the gratuity amount with applicable interest.

¶3It is case of the petitioner that the petitioner was employed with the fifth respondent company from 01.04.2012 and served until January 2017 and was entitled to gratuity, however, the same was provided to the petitioner. The petitioner initiated statutory proceedings before the Controlling Authority u nder the Payment of Gratuity Act by filing G.A.No.84 of 2018, wherein, the third respondent passed an order dated 19.05.2022 holding that the petitioner is entitled to gratuity of Rs.1,58,654/- with 10% simple interest. However, the fifth respondent failed to comply with order compelling the petitioner to seek enforcement through the Labour Department and District Administration. Acting the petitioner's representation, the statutory authorities initiated steps under the Revenue Recovery Act and the third respondent issued repeated show cause notices warning recovery with 15% interest and the first respondent vide proceedings dated 12.12.2024 issued instructions to the fourth respondent directing initiation of recovery proceedings under the Revenue Recovery Act against the fifth respondent for recovery of the gratuity amount of Rs.1,58,654/- together with 15% compound interest and to remit the recovered amount as directed. It is the grievance of the petitioner despite these statutory notices and the order of the first respondent, the 5th respondent did not comply with the order. Hence, seeks for a direction.

4.The learned counsel for the petitioner submitted that the first respondent may be directed to implement the proceedings of the first respondent dated

12.12.2024 within a reasonable time as fixed by this Court.

¶5Heard both sides and perused the materials placed on record.

¶6Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the first respondent to implement its proceedings dated 12.12.2024 and pass appropriate order on merits and in accordance with law after hearing the sixth respondent Management. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this Order.

¶7Accordingly, this writ petition stands disposed of. No costs. 20-04-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The District Collector Chennai District, singaravelar Maligai No.62 Rajaji Salai, Chennai 600001.

2.The District Collector Coimbatore District Coimbatore 641018.

3.The Assistant Commissioner Of Labour (gratuity) Office of Joint Commissioner of Labour Coimbatore 641018.

4.The Tahsildar Egmore Taluk, No.88 Mayor Ramanathan Salai Chetpet, Chennai 600031. M.DHANDAPANI J. dhk

20-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI K.Ramachandran Petitioner(s) Vs 1. The District Collector Chennai District, singaravelar Maligai No.62 Rajaji Salai, Chennai 600001. 2.The District Collector Coimbatore District Coimbatore 641018. 3.The Assistant Commissioner Of Labour (gratuity) Office of Joint Commissioner of Labour Coimbatore 641018. 4.The Tahsildar Egmore Taluk, No.88 Mayor Ramanathan Salai Chetpet, Chennai 600031. 5.Serene Senior Living Private Limited Ground Floor, No.484 -485 Pantheon Road Egmore, Chennai 600008. Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, directing the Respondents to compete recovery proceedings under the Revenue Recovery Act, 1864 and disburse the gratuity amount with applicable interest. For Petitioner(s): Mr.Abdul Wajith E For Respondent: Mr.S.Rajesh for R1 to R4 Government Advocate