THE MANAGEMENT REP BY G.YOGAVISHNU, v. THE APPELLATE AUTHORITY/ADDITIONAL COMMISSIONER OF LABOUR
WP/39470/2024 · 2026-07-02
K Surender
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7952 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7952 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 4102 of 2025 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER WP No. 4102 of 2025 AND WP NO. 4287 OF 2025,WP NO. 4157 OF 2025,WP NO. 4262 OF 2025,WMP NO. 4798 OF 2025,WMP NO. 4799 OF 2025,WMP NO. 4636 OF 2025,WMP NO. 4641 OF 2025,WMP NO. 4663 OF 2025,WMP NO. 4741 OF 2025,WMP NO. 4771 OF 2025,WMP NO. 4787 OF 2025,WP NO. 39470 OF 2024,WMP NO. 42714 OF 2024,WMP NO. 42715 OF 2024 The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post, Palacode Taluk, Dharmapuri District 636808 ..Petitioner(s) Vs
1. The Appellate Authority/additional Commissioner Of Labour (appellate Authority Under The Payment Of Gratuity Act 1972) Coimbatore-18
2. The Controlling Authority Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem. 3. Mr.M.Rajendran ..Respondent(s) WP No. 4287 of 2025 The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post,Palacode Taluk,Dharmapuri District 636808 ..Petitioner(s) Vs
1. The Appellate Authority/additional Commissioner Of Labour https://www.mhc.tn.gov.in/judis
WP No. 4102 of 2025 __________ Page2 of 8 (appellate Authority Under The Payment Of Gratuity Act 1972)coimbatore-18
2. The Controlling Authority Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem. 3. Mr.M.Kaliyappan ..Respondent(s) WP No. 4157 of 2025 The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post,Palacode Taluk,Dharmapuri District 636808 ..Petitioner(s) Vs
1. The Appellate Authority/additional Commissioner Of Labour (appellate Authority Under The Payment Of Gratuity Act 1972)coimbatore-18
2. The Controlling Authority Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem. 3. Mr.V.Murugesan ..Respondent(s) WP No. 4262 of 2025 The Management Director Dharmapuri District Co-operative Sugar Mills Ltd,Jerthalav Post,Palacode Taluk,Dharmapuri District 636808 ..Petitioner(s) Vs
1. The Appellate Authority/additional Commissioner Of Labour (appellate Authority Under The Payment Of Gratuity Act 1972)coimbatore-18
2. The Controlling Authority https://www.mhc.tn.gov.in/judis
WP No. 4102 of 2025 __________ Page3 of 8 Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem. 3. Mr.S.Mangammal ..Respondent(s) WP No. 39470 of 2024 The Management Rep By G.Yogavishnu, Dharmapuri District Co-operative Sugar Mills Ltd, Jerthalav Post, Palacode Taluk, Dharmapuri District-636 808 ..Petitioner(s) Vs
1. The Appellate Authority/additional Commissioner Of Labour (appellate Authority Under The Payment Of Gratuity Act 1972), Coimbatore-18
2.
The Controlling Authority Under The Payment Of Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem
3. K.Muniraj ..Respondent(s) Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2569/2023 on the file of the 1st Respondent and the order dated 27.12.2022 passed in P.G.No.119 of 2022 on the file of the 2nd Respondent herein and quash the same. WP No. 4287 of 2025 Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2565/2023,2566/2023 on the file of the 1st Respondent and the order dated 21.02.2023 passed in P.G.No.127of 2022 on the https://www.mhc.tn.gov.in/judis
WP No. 4102 of 2025 __________ Page4 of 8 file of the 2nd Respondent herein and quash the same as being illegal,arbitrary and unconstitutional and pass WP No. 4157 of 2025 Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2565/2023,2566/2023 on the file of the 1st Respondent and the order dated 21.02.2023 passed in P.G.No.132 of 2022 on the file of the 2nd Respondent herein and quash the same as being illegal,arbitrary and unconstitutional. WP No. 4262 of 2025 Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 06.07.2023 passed in A.Thi.Mu.Nos.2556/2023 on the file of the 1st Respondent and the order dated 09.05.2022 passed in P.G.No.18 of 2022 on the file of the 2nd Respondent herein and quash the same as being illegal, arbitrary and unconstitutional.
WP No. 39470 of 2024 Prayer: This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order dated 6.7.2023 passed in A.Thi.Mu.Nos.2566/2023 2565/2023 on the file of the 1st respondent and the order dated 7.3.2023 passed in P.G.No.104 of 2022 on the file of the 2nd respondent herein and quash the same. For Petitioner(s): Mr.R.Balaramesh in all WPs’ For Respondent(s): Mr.R.Chakkaravathy, Government Counsel for R1 and R2 in all Wps’ Mr.K.V.Shanmuganathan for R3 in WP.No.39470 of 2024 R3-NA in WP,Nos.4102, 4157, 4262 & 4287 of 2025 https://www.mhc.tn.gov.in/judis
WP No. 4102 of 2025 __________ Page5 of 8 COMMON ORDER Since the issues involved in all the Writ Petitions are one and the same, these petitions are being disposed of by this common order. 2. These Writ Petitions have been filed challenging the order dated 06.07.2023 passed by the first respondent in the respective Writ Petitions vide A.Thi.Mu.Nos. 2565/2026, 2566/2023, 2556/2023, and 2569/2023, as well as the orders passed by the second respondent in the respective Writ Petitions in P.G. Nos. 18, 104, 119, and 132 of 2022, vide orders dated 09.05.2022, 07.03.2023, 27.12.2022, and 21.02.2023 respectively. 3. The grievance of the petitioner is that although an appeal was filed before the Appellate Authority / Additional Commissioner of Labour, the said authority refused to entertain it on the ground that it is barred by limitation under Section 7(7) of the Payment of Gratuity Act, 1972.As per Section 7(7) of the Payment of Gratuity Act, 1972, any person aggrieved by an order under sub- section (4) may, within a period of 60 days from the date of receipt of a copy of the order, prefer an appeal. Further time can be extended only for a period of 60 days, making it a total of 120 days.
In view of the said provision, the question of https://www.mhc.tn.gov.in/judis
WP No. 4102 of 2025 __________ Page6 of 8 extending the period of limitation beyond 120 days does not arise. 4. Even in cases where, the monetary payment of pre-deposit to entertain the appeal was not made, the Tribunal was right in dismissal of the appeal on the ground of non payment of pre-deposit. This Court does not find any infirmity in the order passed by the Appellate Authority / Additional Commissioner of Labour in refusing to entertain the appeal on the grounds of limitation. Under both circumstances wherein appeal is filed beyond 120 days or pre-deposit to entertain the appeal is not made, such appeals cannot be entertained and rightly dismissed by the forum below. 6. The Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. K.SURENDER J. 02-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JAI To
1. The Appellate Authority/additional Commissioner Of Labour (appellate Authority Under The Payment Of Gratuity Act 1972)coimbatore-18
2. The Controlling Authority https://www.mhc.tn.gov.in/judis
WP No. 4102 of 2025 __________ Page7 of 8 Under The Payment Of Gratuity Act 1972, Office Of The Joint Commissioner Of Labour, Salem. https://www.mhc.tn.gov.in/judis
WP No. 4102 of 2025 __________ Page8 of 8 K.SURENDER J. JAI WP No. 4102 of 2025 AND WP NO. 4287 OF 2025,WP NO. 4157 OF 2025,WP NO. 4262 OF 2025,WMP NO. 4798 OF 2025,WMP NO. 4799 OF 2025,WMP NO. 4636 OF 2025,WMP NO. 4641 OF 2025,WMP NO. 4663 OF 2025,WMP NO. 4741 OF 2025,WMP NO. 4771 OF 2025,WMP NO. 4787 OF 2025,WP NO. 39470 OF 2024,WMP NO. 42714 OF 2024,WMP NO. 42715 OF 2024 02-07-2026 https://www.mhc.tn.gov.in/judis