IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.02.2025 CORAM: THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.13870 & 13874 of 2019 and WMP.Nos.13941, 13942, 13943, 13945 and 13946 of 2019 S.Muthuraman ... Petitioner in W.P.no.13870 of 2019 The Workers of Sri Seetha Venkatesh Mills Ltd., Rep. By Five Members Committee of the Workers, No.11, Anbu Estate Extension, Birla Avenue, Kathivedu, Chennai- 600 066. ... Petitioner in W.P.No.13874 of 2019 Vs. 1. The Authorized Officer IFCI Limited Continental Chambers, No 142, Mahathma Gandhi Road, chennai-34. 2. The Secretary, Handicrafts, Hand looms, Textiles and Khadi Department Government of Tamil Nadu, Fort.St.George Secretariat, chennai-9. 1/8 https://www.mhc.tn.gov.in/judis 3. The Charmian and Managing Director, Central Bank of India, BIFR Cell, 4th Floor, Chandermukhi Building, Nariman Point, Mumbai- 400 021. 4. The Chairman and Managing Director, Industrial Development Bank of India, (IDBI) Cufee Parade Mumbai. 5. The Chairman and Managing Director, Industrial Development Bank of India (IDBI), No 19 Netaji subhash marg, Kolkatta. 6. The chairman and Managing Director, IFCI Infrastructure Development Ltd IFCI Tower, 10th Floor, No 71, Nehru Place, New Delhi- 110 001. 7. The Chairman and Managing Director, Industrial credit and Investment corporation of India (ICICI), ICICI Tower, Bandrakurla Complex, Mumbai. 8. The Director General Employees State Insurance Corporation Ltd., ESIC building, Kotla Road, Behind foreign Post office, New delhi. 9. The central Provident fund Commissioner, HUDCO Vishala, 14 Bhikaji Cama, Place, R.K.puram, New delhi- 110 066. 2/8 https://www.mhc.tn.gov.in/judis 10. The Director of Income Tax (Recovery) Income Tax Department, Mayur Bhawan, Behind Super Bazaar, Connaught Place, New Delhi. 11. Sri Seetha Venkatesh Mills Limited, Rep. By its Managing Director, No.387, Sembium Road, Kathirvedu, chennai-66. 12. M/S.BASIC ENGINNERS AND TRADERS, Partnership firm rep by its Partners 1) Pratick B. Kothari (2) Neerav C.Kothari and (3) Raveen C. Kothari No 4, Errabalu street, Post box No.39, Chennai-1. 13. Raveen C. Kothari No 119, GN Chetty Road, T. Nagar, chennai-17. 14 Neerav C. Kothari No 119, GN chetty Road, T. Nagar, chennai-17. 15. Pratik B. Kothari, No 59, Ormes Road, 3A, Prince Apartments, Kilpauk, Chennai-17. 16. THE COMMISSIONER OF LABOUR, Government of Tamil Nadu, Labour Commissionerate, DMS Complex, Teynampet, Chennai – 6. 3/8 https://www.mhc.tn.gov.in/judis (R16 SUO MOTU IMPLEADED VIDE ORDER DT 23.08.2021 MADE in WP.13870 and 13874 of 2019 by this Court.) ... Respondents in both the petitions Prayer in W.P.No.13870 of 2019: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to pay all dues which included Provident Fund, Gratuity, Lay of wages, Bonus, Leave wages, and other Statutory benefits to the petitioner in accordance to its letter dated 20-10-2010 In NO chero/proj/2010-7651. Prayer in W.P.no.13874 of 2019: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to pay all the labour dues which includes Provident Fund, Gratuity, Lay of wages, Bonus, Leave wages and other Statutory benefits to the petitioner in accordance to its letter dated 20-10-2010 In NO chero/proj/SVML/2010-7651. In Both the writ petitions For Petitioner : Mr.Sajeevkumar K.V. For Respondents : Mr.P.Ragunathan for M/s.T.Gopalan & Co. RR1,4,5 Mr.M.Murali, GA, R2 R3- No appearance Ms.Sunita Kumari, St.C. for R9 Mr.T.N.C. Kaushik – R8 - NA M/s.Chennai Law Associates For RR12,13,14 & 15 – NA Ms.R.Priyadharshini for M/s.Mr.L.Palanimuthu For R1 4/8 https://www.mhc.tn.gov.in/judis COMMON ORDER Since the issue involved in both the cases are one and the same, the same are disposed by way of this common order. 2. The Writ petition has been filed seeking a direction to the 1st Respondent to pay all the labour dues which includes Provident Fund, Gratuity, Lay of wages, Bonus, Leave wages and other Statutory benefits to the petitioner in accordance to its letter dated 20-10-2010 In NO chero/proj/SVML/2010-7651. 3. It is the case of the petitioner that the petitioner and its member are employed with the 11th respondent. The workers have paid the Provident Fund Contribution. However, the first respondent has not paid the Provident Fund, Gratuity, Lay of wages, Bonus, Leave wages and other Statutory benefits to the workmen. Thereby, the present petitions have been filed. 4. The learned counsel for the petitioners submitted that this Court may direct the first respondent to pay the Provident Fund, Gratuity, Lay of 5/8 https://www.mhc.tn.gov.in/judis wages, Bonus, Leave wages and other Statutory benefits to the petitioners within the stipulated time as fixed by this Court. 5. The learned counsel for the first respondent submitted that the writ petitions are not maintainable as the petitioners have to file a computation petition under Section 33(c)(2) of the ID Act before the appropriate authority. 6. The issue arises in both the cases are disputed question of fact and the same can be adjudicated only before the Labour Court. As rightly submitted by the learned counsel for the first respondent that if the petitioners have any grievance with regard to the payment of Provident Fund, Gratuity, Lay of wages, Bonus, Leave wages and other Statutory benefits, they have to file a computation petition before the labour Court. Without doing so, filing the writ petitions before this Court is not maintainable and the same is liable to be dismissed. 7. Accordingly, the Writ Petitions are dismissed. However, liberty is granted to the petitioner to work out their remedy in the manner known to 6/8 https://www.mhc.tn.gov.in/judis law. Consequently, connected miscellaneous petitions are also closed. No costs. 14.02.2025 rli To The Secretary, Handicrafts, Hand looms, Textiles and Khadi Department Government of Tamil Nadu, Fort.St.George Secretariat, chennai-9. 7/8 https://www.mhc.tn.gov.in/judis 0M.DHANDAPANI,J. Rli W.P.No.13870 & 13874 of 2019 14.02.2025 8/8 https://www.mhc.tn.gov.in/judis