Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 8805 (MAD)

M.RAJESWARI v. CONTROLLING AUTHORITY CUM-LABOUR OFFICER (ENFORCEMENT)

WP/41889/2025 · 2026-07-21

K Surender

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 41889 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER WP No. 41889 of 2025 M.Rajeswari ..Petitioner(s) Vs 1. Controlling Authority Cum-labour Officer (enforcement) Government Puducherry, 3rd Floor, Labour Department Complex, Vazhudavoor Road, Gandhi Nagar, Puducherry. 2. The District Collector New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry-605 009. 3. The Deputy Collector(revenue) South-cum-sub-divisional Magistrate, Villianur, Pudhcherry-605 110. 4. The Tahsildar-cum-executive Magistrate, South Car Street, Villianur, Puducherry-605 110. 5. The Chairman Sri Manakula Vinayagar Engineering College, Madagadipet, Mannadipet Commune, Puducherry-605 107. ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India seeking Writ of Mandamus to direct the respondents 2 to 4 to recover the amount from the 5th respondent to pay a sum of Rs.1,47,114 towards gratuity along with interest @ 10 percent per annum from the date of 07.12.2021 to till the date of payment / Deposit to the petitioner under the Revenue Recovery proceedings within a time frame to be fixed by this Court. https://www.mhc.tn.gov.in/judis WP No. 41889 of 2025 __________ Page2 of 5 For Petitioner(s): Mr.P.Nethaji For Respondent(s): M/s.B.Balavijayan for R5 ORDER This Writ Petition has been filed seeking a direction to respondents 2 to 4 to recover the gratuity amount payable by the fifth respondent and disburse the same to the petitioner. 2. The brief facts of the case are that the petitioner was appointed as an Assistant Professor (Chemistry) in the fifth respondent institution on 21.02.2012 and served for about 9 years. She resigned from service on 07.12.2021. Upon resignation, she became entitled to gratuity. However, despite repeated requests, the fifth respondent failed to pay the gratuity amount. Consequently, the petitioner approached the Controlling Authority-cum-Labour Officer (Enforcement), Puducherry under the Payment of Gratuity Act, 1972. The Controlling Authority issued notices to the fifth respondent. However, the fifth respondent failed to appear and was set ex parte. The Controlling Authority determined that the petitioner was entitled to ₹1,47,114/- towards gratuity, together with interest at 10% per annum from 07.12.2021 till the date of payment or deposit. Thereafter, the Controlling Authority initiated recovery proceedings by issuing a recovery certificate to the revenue authorities to recover the gratuity amount as arrears. Since the recovery proceedings were not https://www.mhc.tn.gov.in/judis WP No. 41889 of 2025 __________ Page3 of 5 effectively completed and the gratuity amount remained unpaid, therefore, the petitioner filed the present Writ Petition. 3. Today, the learned counsel appearing for the fifth respondent produced a copy of the Demand Draft bearing No. 28169 dated 10.11.2025 for a sum of ₹2,35,329/- (Rupees Two Lakhs Thirty-five Thousand Three Hundred and Twenty-nine Only), drawn in favour of the Tahsildar, Villianur Taluk. The learned counsel for the fifth respondent submitted that the aforesaid Demand Draft has already been handed over to the fourth respondent/Tahsildar for disbursement to the petitioner in accordance with law. Recording the above submission, nothing survives for further adjudication in this Writ Petition. 4. Accordingly, this Writ Petition is closed. The petitioner is at liberty to approach the fourth respondent and file an application seeking withdrawal of the amount that has been deposited by the fifth respondent. On such application being made, the fourth respondent shall disburse the amount to the petitioner after due verification and in accordance with law. No costs. K.SURENDER J. 21-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No jai https://www.mhc.tn.gov.in/judis WP No. 41889 of 2025 __________ Page4 of 5 To 1. Controlling Authority Cum-labour Officer (enforcement) Government Puducherry, 3rd Floor, Labour Department Complex, Vazhudavoor Road, Gandhi Nagar, Puducherry. 2. The District Collector New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry-605 009. 3. The Deputy Collector(revenue) South-cum-sub-divisional Magistrate, Villianur, Pudhucherry-605 110. 4. The Tahsildar-cum-executive Magistrate, South Car Street, Villianur, Puducherry-605 110. https://www.mhc.tn.gov.in/judis WP No. 41889 of 2025 __________ Page5 of 5 K.SURENDER J. JAI WP No. 41889 of 2025 21-07-2026 https://www.mhc.tn.gov.in/judis