MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED Vs. CONTROLLER UNDER PAYMENT OF GRATUITY ACT, ASSISTANT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The prayer in this writ petition is for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent, the Controller under the Payment of Gratuity Act (Assistant Commissioner of Labour) regarding impugned award passed by it in P.G. No.31/2014 dated 19.09.2016 and quash the same and consequently direct the petitioner Transport Corporation to pay 6% interest on the Gratuity for the belated period and to direct the 2nd respondent to remit the dues of Rs.20,934.00 with interest to the petitioner Transport Corporation.

(2.) It is represented by the petitioner that I have passed an interim order dated 27.02017 in W.M.P(MD)Nos.2655, 2657, 2659, 2661, 2663, 2665, 2667, 2669, 2671, 2673, 2675, 2677, 2679, 2681, 2683, 2685, 2687, 2689, 2691, 2693, 2695, 2697, 2699, 2701, 2703 and 2705 of 2017 in W.P(MD)Nos.3308 to 3333 of 2017, directing the petitioner corporation therein to pay 6% interest and the said order may be followed. In this regard, this Court deems it fit to consider the following observations of the Honourable Supreme Court in Padma Sundara Rao Vs. State of Tamil Nadu, reported in (2002) 3 SCC 533 :

(3.) I am not inclined to follow the above-said interim order, as in the present case on hand, it is the order of the Controlling Authority and the petitioner has got right of appeal to the Deputy Commissioner of Labour.