IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.06.2025 CORAM THE HONOURABLE Mr. JUSTICE P.DHANABAL W.P. Nos.143, 144, 146 and 558 of 2022 and W.M.P. Nos.156, 157, 158, 159, 160, 161, 603 and 604 of 2022 and W.M.P. Nos.9651, 9652, 9654 and 9659 of 2024

1. P. Manivannan

2. P. Sundaravadivelu

3. V. Rajendran

4. S. Syed Musheer Ahmed

5. N. Murugesan .. Petitioners common in W.P. Nos.143 & 558 / 2022

1. S. Balu

2. G. Pannerselvam

3. R. Sekar

4. N. Thambidurai

5. S. Manogaran 6. R. Annamalai 7. K. Saminathan

8. K. Sockalingam

9. V.C. Madhu

10. A. Palani

11. Swami Srinivasa Rao .. Petitioners common in W.P. Nos.144 & 146 / 2022 vs.

1. Ministry of Finance Department of Public Enterprises, represented by its Under Secretary, Lodi Road, CGO Complex, Block No.14, New Delhi - 110 003.

2. Madras Fertilizers Limited, represented by its Chairman &

Managing Director, Manali, Chennai - 600 068.

3. Deputy Chief Labour Commissioner (Central), Office of the Deputy Chief Labour Commissioner (Central), 5th Floor, Shastri Bhawan, Chennai - 600 006. .. Respondents common in all W.Ps.

4. Department of Fertilizers, Ministry of Chemicals and Fertilizers, represented by its Secretary, Shastri Bhawan, New Delhi- 110 001 (INDIA). .. 4th Respondent in [impleaded as per the order dated 28.03.2024 in W.P. No.558/2022 W.M.P. No.9657/2024 in W.P. No.558/2022]

PRAYER in W.P. No.143 of 2022: This Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus calling for the records of the Office Memorandum dated 10.07.2018 issued by the 1st respondent and to quash the same to the extent it makes the payment of the enhanced gratuity under the Office Memorandum dated 03.08.2017 subject to the 'affordability' of the CPSEs concerned effective for the period from 01.01.2017 to 28.03.2018 and to consequently direct the 2nd respondent to pay the petitioners the enhanced gratuity under the Office Memoranudm dated 03.08.2017 issued by the 1st respondent.

PRAYER in W.P. No.558 of 2022: This Writ petition filed under Article

226 of the Constitution of India seeking to issue a Writ of Certiorari calling for the records of the Impugned order dated 01.11.2021 in Gratuity Appeal Nos.5, 7-10 / 2021 passed by the 3rd respondent and to quash the same as being contrary to the provisions of the Payment of Gratuity Act, 1972.

PRAYER in W.P. No.144 of 2022: This Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorari calling for the records of the Impugned order dated 31.03.2021 in Gratuity Appeal Nos.74, 75, 77, 78, 80-82, 87, 88, 90 and 92 / 2020 passed by the 3rd respondent and to quash the same as being contrary to the provisions of the Payment of Gratuity Act, 1972.

PRAYER in W.P. No.146 of 2022: This Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus calling for the records of the Office Memorandum dated 10.07.2018 in No.W-02/0036/2018-DPE (WC) - GL - XIX / 18 issued by the 1st respondent and to quash the same to the extent it makes the payment of the enhanced gratuity under the Office Memorandum dated 03.08.2017 subject to the affordability of the CPSEs concerned effective for the period from 01.01.2017 to 28.03.2018 and to consequently direct the 2nd respondent to pay the petitioners the enhanced gratuity under the Office Memorandum dated 03.08.2017 issued by the 1st respondent. For Petitioner : Mr. Pavan Kumar.G.

For Respondent : Mr. C. Samivel, SPL GSC, [For R1 & R4]

Notice served, No appearance [for R2]

Mr. B. Sudhir Kumar, SPC [for R3]

COMMON ORDER

These Writ petitions have been filed by the petitioners challenging the Gratuity Appeal Nos.5, 7-10 / 2021 and Gratuity Appeal Nos.74, 75, 77, 78, 80-82, 87, 88, 90 and 92 / 2020 passed by the 3rd respondent and to quash the Official Memorandum issued by the 1st respondent dated 10.07.2018 to the extent it makes the payment of the enhanced gratuity under the Office Memorandum dated