D DHAMAYANTHY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition praying for issuance of Writ of a Mandamus before this Court for issuance of an order in directing the first Respondent to recover the Petitioner's Gratuity arrears from the Second Respondent and pay the same to the Petitioner.

(2.) The Petitioner joined the services of the Second Respondent as Sales Woman on 07.10.1973. She voluntarily retired from the service on 31.03.2001. The Second Respondent has not paid a sum of Rs. 14,420/- (Rupees Fourteen Thousand Four Hundred and Twenty only) towards gratuity amount to which the Petitioner is entitled to. As such, the Petitioner projected P.G. Application No. 3 of 2002 before the Assistant Commissioner of Labour, Trichy. On 29.12.2003, the Second Respondent has been directed to pay Rs. 14,420/- (Rupees Fourteen Thousand Four Hundred and Twenty only) together with 10% interest from the date on which it has fallen due, till date of payment.

(3.) It is the case of the Petitioner that since the aforesaid amount has not been paid, the Assistant Commissioner of Labour, Trichy, has issued necessary Certificate as per Section 8 of the Payment of Gratuity Act. Although, repeated representations have been made by the Petitioner to the First Respondent, no steps have been taken to recover the amount from the Second Respondent. Therefore, the Petitioner has been left with no option, but to project the present writ petition.