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2014 Supreme(Mad) 2322
Before the Madurai Bench of Madras High Court
K.K. SASIDHARAN, J.
K. Gopal
Versus
The Registrar, Co-operative Societies, Chepauk, Chenni-10 & Others
W.P(MD). No. 11094 of 2014
Decided on: 07-08-2014
For the Petitioner:C. Venkatesh Kumar, Advocate.
For the Respondents: S. Manoharan, Special Govt. Pleader.
The court upheld the right to gratuity and arrears of salary upon retirement, directing the respondent to address the non-payment issue within a specified timeframe.
Headnote:
Gratuity - Retirement Benefits - The court directed the respondent to consider and dispose of the petitioner's representation for gratuity and arrears of salary within eight weeks.
Fact of the Case:
The petitioner retired but was not paid gratuity and arrears of salary. He submitted a representation requesting the payment, but there was no follow-up action.
Finding of the Court:
The court directed the respondent to consider and dispose of the petitioner's representation for gratuity and arrears of salary within eight weeks.
Issues: Non-payment of gratuity and arrears of salary upon retirement.
Ratio Decidendi: The court found in favor of the petitioner, directing the respondent to address the non-payment issue within a specified timeframe.
Final Decision: The writ petition is disposed of with the direction for the respondent to consider and dispose of the petitioner's representation for gratuity and arrears of salary within eight weeks. No costs were awarded.
1. The petitioner retired from service on attaining the age of superannuation on 30.06.2013. During the time of his retirement, he was an employee of the third respondent. In spite of his retirement on 30.06.2013, he has not been paid gratuity and arrears of salary. The petitioner submitted a representation on 12.10.2013, requesting the third respondent to disburse the gratuity and arrears of salary. However, there was no follow-up action. Hence, the petitioner is before this Court.
2. The third respondent is directed to consider and dispose of the representation, dated 12.10.2013, submitted by the petitioner, on merits and in accordance with law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
3. The writ petition is disposed of with the above direction. No costs.
