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2024 Supreme(SRI)(CA) 876

COURT OF APPEAL
Hon.B. Sasi Mahendran J.
Transmec Engineering (PV) Ltd – Appellant
Versus
B.K. Prabhath Chandrakeerthi Commissioner General of Labour and others – Respondent


This order pertains to whether to issue notice to the Respondents and interim reliefs are to be granted.

The Petitioner has invoked the jurisdiction of this Court by the petition dated 17.05.2023 seeking the following reliefs:

a) Issue notice on the Is to 4th Respondents;

b) Direct the 1st Respondent and/or the 2nd Respondent and/or the 3rd Respondent to produce the File no. CC/C/G/7/486/2020 maintained at the Department of Labour;

c) Issue a mandate in the nature of a Writ of Certiorari quashing the determination and/or decision of the 2nd Respondent that there is a surcharge in a sum of Rs. 1,580,250/- on the gratuity to be paid to the 4th Respondent from the Petitioner as contained in the document marked P6 above;

d) Issue a mandate in the nature of a Writ of Certiorari quashing the determination and/or decision of the 2nd Respondent that there is a sum of Rs. 6,847,750/- consisting of a sum of Rs. 5,267,500/- as gratuity and a sum of Rs. 1,580,250/- as the surcharge thereon due to be paid to the 4th Respondent from the Petitioner as contained in the document marked P6 above;

e) Issue a mandate in the nature of a Writ of Certiorari quashing the determination and/or decision of the 2"

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