TAN INDIA WORKERS UNION Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONS are for issue of a writ of mandamus directing the first respondent to expedite the recovery proceedings and recover the gratuity amount due to the workmen named in the recovery certificate issued by the Assistant Commissioner of Labour/controlling Authority under the Payment of Gratuity Act, 1972, Coimbatore.

(2.) FROM the affidavits filed in support of these writ petitions what comes to be known is that the petitioner-union is functioning in the second respondent-company that the workmen members of the petitioner-union, working in the second respondent-company attained superannuation and they claimed gratuity from the second respondent as per the provisions of Payment of Gratuity Act; that as the respondent did not pay the gratuity, they preferred applications before the Assistant Commissioner of Labour Controlling Authority and the same was allowed by the said Assistant Commissioner; that despite the direction given by the Assistant Commissioner of Labour, the second respondent did not pay the gratuity amount and hence, they approached the petitioner-union; that the petitioner-union has made an application to issue recovery certificates and the same was issued by the Assistant Commissioner of Labour; that thereafter, the petitioner-union gave a representation in respect of all workmen to the first respondent on July 9, 2001 seeking to recover the gratuity amount due to the workmen; that the first respondent did not take any steps to recover the same; hence, the above writ petitions.

(3.) CONSIDERING all the facts and circumstances of the case, this Court is of the view that a direction given to the respondents to consider the applications of the petitioner, dated July 9, 2001, in a time-bound manner will serve the ends of justice.