##PAGE1##

W.P.Nos.21398, 21585, 21597, 21602, 21612, 21652, 21657, 21666 and 21690 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.Nos.21398, 21585, 21597, 21602, 21612, 21652, 21657, 21666 and 21690 of 2025

And W.M.P.Nos.24147, 24149, 24347, 24357, 24359,

24365, 24367, 24381, 24386, 24439, 24440, 24441, 24442, 24451, 24452 and 24479 of 2025 M/s.Maduranthagam Co-operative Sugar Mills Limited,

Rep. by its Administrator, Having Office at Padalam Post,

Maduranthagam Taluk, Chengalpattu District. ... Petitioner in all the W.Ps.

Vs.

1.The Deputy Commissioner of Labour, (Controlling Authority under the Payment of

Gratuity Act, 1972) (DCL-2)

D.M.S.Compound, Teynampet,

Chennai – 6. ... Respondent in W.Ps.21398, 21585, 21602, 21652, 21657 &

21666/2025

1.The Deputy Commissioner of Labour, (Controlling Authority under the Payment of

Gratuity Act, 1972)

Tamil Nadu Labour Welfare Board Building – 2 D.M.S.Compound,

Teynampet, Chennai – 6. ... Respondent in W.P.21597,

21612 & 21690/2025

1 /7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2026 01:56:03 pm )

W.P.Nos.21398, 21585, 21597, 21602, 21612, 21652, 21657, 21666 and 21690 of 2025

2.R.Gnanaprakasam ... Respondent in W.P.21398/2025 2.C.Arumugam ... Respondent in W.P.21585/2025 2.S.Dharani ... Respondent in W.P.21597/2025 2.A.Perumal ... Respondent in W.P.21602/2025 2.V.Kakkan ... Respondent in W.P.21612/2025 2.S.Rajendiran ... Respondent in W.P.21652/2025 2.J.Mani ... Respondent in W.P.21657/2025 2.E.Mohan ... Respondent in W.P.21666/2025 2.Vasu ... Respondent in W.P.21690/2025

Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the order of the first respondent dated 15.07.2024 made in P.G.Nos.80/2022, 45/2022, 03/2023, 82/2022, 06/2023, 81/2022, 240/2022, 83/2022 and 173/2022 respectively, on the ground of jurisdictional facts in terms of Sections 79 and 153 of the Tamil Nadu Co-operative Societies Act,

1983 and quash the same.

For Petitioner : Mr.Haja Nazurideen Additional Advocate General - III

Assisted By Mr.P.Haribabu

Government Advocate

For Respondents : Mr.M.Rajendiran for R1 Additional Government Pleader

Mr.P.B.Suresh Babu for R2 C O M M O N O R D E R

Since the issue involved in the above writ petitions are one

2 /7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2026 01:56:03 pm )

W.P.Nos.21398, 21585, 21597, 21602, 21612, 21652, 21657, 21666 and 21690 of 2025

and the same they are disposed of by way of this common order.

2. The case of the petitioner is that the petitioner sugar mill

is a Co-operative Sugar Society registered under the Tamil Nadu Cooperative Societies Act, 1983. It was established for the welfare of the Farmers/Sugar Cane Growers located in and around Maduranthagam area and the area of operation of the Society is restricted to the entire Taluks of Chengalpattu District and Uthiramerur, Kanchipuram District. The respective private respondents in respective writ petitions were engaged in Non Muster Role in the petitioner Sugar Mill and were relieved on various dates on attaining the age of superannuation on payment of terminal benefits including gratuity. Thereafter, the manufacture of sugar has dwindled in quantity in downward trend from the year 1995. Thereby, the petitioner sugar mill remained closed from April, 2001 to January 2012. Further the NMRs and cane farm labourers were never in continuous service till they were absorbed as permanent employees in terms of Section 2-A of Payment of Gratuity Act, 1972. Seeking to release the gratuity till April 2017, the respective private respondents

3 /7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2026 01:56:03 pm )

W.P.Nos.21398, 21585, 21597, 21602, 21612, 21652, 21657, 21666 and 21690 of 2025

in respective writ petitions have filed application before the first respondent and the first respondent without taking into consideration the nature of employment