W.P.No.5282 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2025 CORAM : THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5282 of 2025 and WMP.No.5860 of 2025 M/s. The Management, M.Kumarapalayam Sarvodhayasangam, Rep. by its Secretary, Savadi Street, Moolanur Post, Dharapuram Taluk, Tiruppur District – 638 106. ...Petitioner Vs. N.Duraisamy ...Respondent Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari calling for the records of relating to the impugned order in C.P.No.341 of 2022 passed by the Additional Labour Court at Coimbatore, dated 12.09.2024 quash the same. For Petitioner : Mr.B.Nedunchezhiyan Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.5282 of 2025 ORDER The petitioner has filed this Writ petition seeking quashment of the order passed by the Additional Labour Court at Coimbatore in C.P.No.341 of 2022 dated 12.09.2024. 2. Since no adverse order is being passed against the respondent, notice to the respondent is dispensed with. 3. The case of the petitioner is that the respondent joined the services of the petitioner as an Attendant on 02.04.1978 and subsequently, resigned on 30.04.2015 by opting for voluntary retirement. While so, alleging that, the petitioner management promised the respondent to pay ex-gratia compensation of Rs.4,09,981/- and gratuity amount of Rs.2,86,214/- in his favour, however, the same was not paid, initially, the respondent filed a civil suit in O.S.No.247 of 2021 and the learned Subordinate Judge, Dharapuram had rightly rejected the said suit on 06.04.2022 with an observation that the respondent has to seek his remedy before the Controlling authority under the Payment of Gratuity Act, 1972. While such being the case, the respondent, Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.5282 of 2025 without approaching the competent authority under the Payment of Gratuity Act as directed by the learned Subordinate Judge, had filed the present computation petition before the Additional Labour Court, Coimbatore, which was taken on file in C.P.No.341 of 2022 and the Labour Court, on an analysis of the materials available on record, both oral and documentary, held that the respondent is eligible for exgratia amount from the petitioner management and accordingly, directed the petitioner to pay a sum of Rs.4,09,981/-. Aggrieved by the same, the present Writ petition has been filed. 4. Heard the learned counsel for the petitioner and perused the materials available on record. 5. Learned counsel for the petitioner was harping on the observation made by the learned Subordinate Judge that, the respondent has to workout the remedy only before the controlling authority under the Payment of Gratuity Act, 1972. This Court is not inclined to accept the said arguments of the learned counsel for the petitioner for the simple reason that, the respondent-Workman did not claim gratuity, but what he claimed was only Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.5282 of 2025 exgratia amount. Even the said exgratia amount was promised by the petitioner management and the management undertook to pay the said exgratia amount if the respondent opted for voluntary retirement scheme. Trusting the words of the Management, the respondent-employee opted for voluntary retirement. Since the promised amount of exgratia was not forthcoming, the respondent initially filed a suit in O.S.No.247 of 2021 and the same was rejected directing the respondent to workout his remedy before the appropriate forum. 6. The stray observation made by the learned Subordinate Judge should not be taken in its entirety. The interest of justice requires analysis of the entire case. Since the payment of exgratia is specifically quantified, the petitioner is only expected to honour its commitment. Hence, this Court is in complete agreement with the impugned order passed by the Labour Court and thereby, this Court is not inclined to interfere with the same and the petitioner-management is directed to honour the award passed by the Labour Court dated 12.09.2024 in C.P.No.341 of 2022 within a period of four weeks from the date of receipt of a copy of this order. Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.5282 of 2025 7. In the result, this writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 17.02.2025 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No To: The Additional Labour Court, Coimbatore. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.5282 of 2025 M.DHANDAPANI, J. skt W.P.No.5282 of 2025 and WMP.No.5860 of 2025 17.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis