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2011 Supreme(Mad) 4897

K.CHANDRU
General Manager, Thina Boomi News Paper,9, Dindigul Main Road, Vilankudi, Madurai-16 – Appellant
Versus
Appellate Authority Under The Payment Of Gratuity Act, 1972, And Deputy Chief Labor Commissioner (Central) Shastri Bhavan, Chennai 600 008, The Assistant Labor Commissioner (Central), New No. 5, Old No. 1-A (Ii Floor) Lady Doak College Road, Chinnnachokki – Respondent


Advocates Appeared:
For the Appellant : T. Ravichandran
For the Respondent: K.K. Senthilvelan Assistant Solicitor General of India and Mr. R. Rajaraman

ORDER :

K. Chandru, J.

1. The petitioner is a newspaper establishment covered by the provisions of the Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955. The order of the first respondent, who is the appellate authority cum Deputy Chief Labor Commissioner (Central), under the payment of Gratuity Act, 1972 confirming the order passed by the second respondent in computing unpaid gratuity in favour of the third respondent is under challenge in this writ petition.

2. The writ petition was admitted on 30.06.2010. Pending the writ petition, the petitioner got a direction to the second respondent not to disburse the amount of Rs. 47,015/-deposited by the petitioner to the credit of G.A. No. 11 of 2008 till the disposal of the writ petition. Though the third respondent filed an application in M.P. (MD). No. 1 of 2011 together with a supporting counter affidavit, dated 25.07.2011 for permission to withdraw 50% of the gratuity amount deposited, the said application has not been ordered till date. However, with the consent of both sides, the main writ petition itself was taken up for disposal.

3. It is seen from the records that the t














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