BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.11.2025 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.9150 of 2021 and WMP(MD)No.6897 of 2021 The Management, Ramanathapuram District Central Co-operative Bank Ltd., Rep. by its Managing Director/Joint Registrar, No.265E, Vandikara Street, Ramanathapuram. ... Petitioner Vs.

1. The Controlling Authority under Payment of Gratuity Act 1972, Deputy Commissioner of Labour, O/o. The Joint Commissioner of Labour, Madurai – 625 002.

2. P.Paramasivam (died)

3. Andaleswari

4. Vinayagam

5. Thirumalaikumar 6. Kali Muneeswari

7. Duraikannan (R3 to R7 are impleaded vide order dated 24.10.2025 in WMP(MD)No.14995 of 2025) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed in P.G.I.A.No.291 of 2019 in P.G.No.28 of 2018 dated 16.03.2021 by the Controlling Authority under the Payment of Gratuity Act/Deputy Commissioner of Labour, Madurai and quash the same.

For Petitioner : Mr.N.Padmaboopathi for Mr.D.Shanmugaraja Sethupathi For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 : Died For R3 to R7 : Mr.P.Kumaresan

ORDER

The Management of Ramathapuram District Central Co-operative Bank Ltd. has filed this writ petition as against the ex parte order passed in P.G.No.28 of 2018 dated 22.07.2019 and the order of rejection passed in P.G.I.A.No.291 of 2019 dated 16.03.2021.

2. The second respondent, an employee of the petitioner Co-operative Bank, had indulged in various financial irregularities. Therefore, a disciplinary proceedings was initiated against him by issuing six charge memos. An enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act was conducted and based on the enquiry report, a surcharge decree was passed against him that he is liable to pay a sum of Rs.3,15,311/-, vide order dated 26.08.2008. Subsequently, based on the enquiry report under Section 81 of the Tamil Nadu Co-operative Societies Act, in respect of the misappropriation committed in the jewel loan account at Pamban Branch, another surcharge proceedings was initiated by issuing surcharge notice dated 14.08.2007 that he is held liable for a sum of Rs.80,113/-. Pursuant to the disciplinary proceedings and surcharge proceedings, the second respondent was placed under suspension on 27.04.2006. While so, the second respondent attained the age of superannuation on 30.06.2006, however, he was not allowed to retire from service. He has filed an application before the first respondent/the Controlling Authority under Payment of Gratuity Act in P.G.No.28 of 2018, claiming gratuity of Rs.97,737/- from the Co-operative Bank. But, he failed to prosecute the said application. Therefore, the application in P.G.No.28 of 2018 was dismissed for default on 17.05.2018. Based on the application filed by the second respondent to restore P.G.No.28 of 2018 by setting aside the order of dismissal dated 17.05.2018, it was restored and taken on file. However, there was no representation for the petitioner Co-operative Bank before the first respondent on 01.07.2019. Therefore, the first respondent has passed an ex parte order on 01.07.2019. The petitioner Co-operative Bank has filed an interlocutory application in P.G.I.A.No. 291 of 2019 to set aside the ex parte order dated 01.07.2019. The first respondent has reserved the orders in P.G.I.A.No.291 of 2019 and thereafter, passed an order dated 16.03.2021, rejecting the application filed to set aside the ex parte order. Therefore, the petitioner Management has filed this writ petition as against the ex parte order passed in P.G.No.28 of 2018 dated 22.07.2019 and the order of rejection passed in P.G.I.A.No.291 of 2019 dated 16.03.2021.

3. The learned counsel appearing for the petitioner submitted that the second respondent has indulged in various financial irregularities, for which, he was issued with six charge memo on 24.02.2005, 2