IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.07.2024 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.8045 of 2016 &

W.M.P.No. 7163 of 2016 M.Liakath Ali ...Petitioner Vs.

1.The Special Commissioner For Milk Production And Diary Development, Madhavaram Milk Colony (Post), Chennai – 600 051.

2.Erode District Cooperative Milk Producers Union Ltd., Rep. By its Deputy General Manager (Administration)

Vasavi College Post, Erode – 638316

3.The Acconts Officer Tamil Nadu cooperative Milk Producers Federation Employees Gratuity Fund Trust, “Aavin Illam”

Madhavaram Milk Colony, Chennai – 600 051.

4.The Deputy General Manager (Administration)

Erode District Cooperative Milk Producers Union Ltd., Vasavi College Post, Erode – 638 316. ...Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus to call for the records of the 4^th respondent bearing Ref.No.1751/Esst/95 No.1352 dated 14.08.2015 enclosing the communication bearing Ref.No.28646/funds II – 1/Gty/2001 dated 31.07.2015 of the 3^rd respondent and quash the same as arbitrary, illegal, violation of principles of natural justice without providing an opportunity of being heard to the petitioner and contrary to the provisions of the payment of Gratuity Act, 1972 with the consequential direction to the respondents 2 to 4 directing them to disburse gratuity and terminal benefits due to the petitioner.

For Petitioner : Mr. V.Parthiban for M/s.P.Bhuvaneswari For Respondent 1: Mr. V.Jeevagiridharan, Additional Government Pleader For Respondent 2 : Mr. R.Balaramesh For Respondents : M/s. P.Vijaya Devi

3 and 4 Government Advocate.

O R D E R

The petitioner has moved this Court seeking to quash the order passed by the 4^th respondent dated 14.08.2015 and to direct them to disburse gratuity and terminal benefits due to the petitioner. The short facts are as follows.

2. The petitioner who was holding the position of Selection Grade Assistant Manager in Periyar District Cooperative Milk Producer's Union Limited was selected by the Oman Agricultural Development Company. He had therefore sought permission by letter dated 20.02.1995 seeking extraordinary leave without allowance for a period of 3 years commencing from 01.03.1995 to 28.02.1998 as per G.O.Ms.196, dated 20.05.1991, Personnel and Administrative Reforms, which had been adopted by the 2^nd respondent board in its meeting on 07.10.1992 by its resolution No.1589.

3. The request of the petitioner was neither turned down nor was permission sanctioned for his leave. The petitioner proceeded to Muscat and sought permission to continue for another two years from 01.03.1998 to 29.02.2000 in terms of the principles enumerated in the said Government Order. On expiry of the leave period, the petitioner had returned and reported for duty and he was put on hold by the 4^th respondent and dismissal order was passed by the 2^nd respondent in which it was contended that the charge memo dated 17.10.2010 which was sent to the petitioner through registered post was returned as not claimed and thereafter an enquiry officer had submitted a report dated 09.11.2000. Additional opportunity was given to the petitioner by issuing a publication in one issue of Dina thandhi, Erode Publication on 21.11.2000 and in Salem Edition on 22.11.2000 and even thereafter the petitioner had not appeared for enquiry. Therefore, on the ground of misconduct the petitioner was dismissed from service.

4. The petitioner would submit that he had not challenged the order of dismissal as he was on the verge of old age. The Writ has been filed only for the settlement of leave salary subject to regularisation of the leave period and gratuity. The petitioner had sent a representation dated 15.05.2001 requesting the respondent to settle EPF and gratuity. However, the petitioner's work from 07.07.1975 to 28.02.1985 has not been considered. The petitioner would submit that the scheme for payment of gratuity was covered by the provisions of Payment of Gratuity