IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction)

RESERVED ON : 17.04.2025 PRONOUNCED ON : 29.05.2025 PRESENT:

THE HON’BLE DR. JUSTICE A.D. MARIA CLETE W.P. No. 20270 of 2021 and W.M.P. No. 21526 of 2021 The Management of Belvidere Estate, Ondikkadai Post, Yercaud – 636602 Salem District rep. by its Proprietor Ramesh Rajah …. Petitioner Vs.

1.The Additional Commissioner of Labour Appellate Authority under the Payment of Gratuity Act, 1972, Coimbatore.

2. The Assistant Commissioner of Labour Controlling Authority under the Payment of Gratuity Act, 1972, Salem.

3. Tmt. V.Rajavalli, w/o. Vellaiyan, Mundagampadi, Ondikkadai Post, Yercaud – 636 602. …. Respondents Prayer in W.P:

To issue a writ of Certiorari calling for the records of the First Respondent in PGA No.28 of 2020 and quash its order dated 05.04.2021 confirming the order of the 2^nd respondent in P.G.No.568 of 217 dated 08.04.2019 and pass such further or other orders which this Hon’ble Court may deem fit and proper in the circumstances of the case.

Prayer in WMP:

To grant interim injunction restraining the second respondent from disbursing the sum of Rs.88,733/- (Rupees eightyeight thousand seven hundred and thirty three only) deposited by the petitioner to the credit of PG No. 568 of 2017 pending disposal of the writ petition.

Appearance of Parties:

For Petitioner : Mr.P.Raghunathan, Advocate For T.S.Gopalan & Co., Advocates For Respondents 1 and 2 : Mr.R. Kumaravel, AGP For Respondent 3 : No appearance

J U D G M E N T

Heard.

2.The petitioner is the Management of a coffee estate. In the present writ petition, the petitioner challenges the appellate order dated 05.04.2021 passed by the 1^st respondent, the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the “P.G. Act”), in P.G. Appeal No. 28 of 2020. By the said order, the Appellate Authority confirmed the earlier order dated 08.04.2019 passed by the 2^nd respondent, the Controlling Authority, in P.G. Case No. 568 of 2017, directing the petitioner to pay a sum of Rs.88,733/- as gratuity to the 3^rd respondent. The writ petition was admitted on 22.09.2021, and on the same day, an interim injunction was granted in the connected W.M.P. Though the 3^rd respondent was duly served on 08.10.2021, she has not entered appearance either in person or through counsel.

3.Without taking note of the subsequent developments, this Court, when the matter was listed on 05.11.2024, directed that it be placed before the Lok Adalat scheduled for 14.12.2024. As no settlement was arrived at, the matter was returned to this Court for adjudication on merits. The records reveal that the 3^rd respondent claimed to have worked as a permanent employee in the petitioner’s estate for a period of 26 years, during which she had completed more than 240 days of work each year. Due to health issues, particularly heart- related ailments for which she was undergoing treatment, she tendered her resignation by letter dated 07.04.2017. Subsequently, by letter dated 19.06.2017, she submitted a claim seeking payment of gratuity for her past service.

4.As there was no response to her representation, the 3^rd respondent filed an application for gratuity before the Controlling Authority under the Payment of Gratuity Act, through her letter dated 19.06.2017. Along with the application, she also submitted a request to condone the alleged delay. Upon receipt of notice from the 2^nd respondent, the petitioner-management filed a reply dated 09.12.2017, disputing both the claimant’s service and the applicability of the Act to her case. The application was taken on file as P.G. Case No. 568 of 2017. During the enquiry, the 3^rd respondent examined herself as PW1 and marked ten documents in support of her claim, which were exhibited as Exs. P1 to P10. On behalf of the petitioner-management, R. Nandagopal was examined as RW1, and ten documents were produced and marked as Exs. R1 to R10.

5.In the order dated 08.04.2019, the Controlli