N. KALIAPPAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the petitioner and also the learned Additional Government Pleader, appearing for the respondents. By consent of both Counsel, the writ petition is taken up for final disposal. This writ petition is filed for a direction against the first respondent to take action under the Revenue Recovery Act against the third respondent towards the payment of gratuity to the petitioner as determined by the second respondent in P.G. case No. 148 of 2003, dated July 29, 2003.

(2.) THE case of the petitioner is that he worked under the third respondent mill and retired from service on September 14, 2002. Since the gratuity amount was not settled; the petitioner had approached the Assistant Commissioner of Labour for filing an appeal for the payment of gratuity amount. The Assistant Commissioner of Labour, Tirunelveli, passed an order in P.G, Case No. 148 of 2003, dated July 29, 2003, directing the third respondent/management to pay an amount of Rs. 70,840 along with interest at 8 per cent, being the gratuity amount due to the petitioner.

(3.) EVEN though, notice was served on the third respondent, no one has appeared on behalf of the third respondent, either by itself or through its counsel. The learned Counsel for the petitioner would submit that as against the order passed by the Assistant Commissioner of Labour, dated July 29, 2003, there was no further appeal or writ petition, and, therefore, the order of the Assistant Commissioner of Labour has become final,