S. SHANMUGAM Vs. THE DISTRICT COLLECTOR, DINDIGUL DISTRICT

JUDGEMENT

(1.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents more particularly, the 1st respondent to proceed under Sec. 3(1) of the Revenue Recovery Act as against the 3rd respondent to collect a sum of Rs.3,93,016.00 with simple interest at the rate of 10% from 31.07.2010 till the date of payment as per the written requisition of the 2nd respondent made in Na.Ka.No.Aa6/3152/2016 dated 18.11.2016 and get a D.D in favour of the Assistant Commissioner of Labour, Dindigul, from the 3rd respondent and deposit the same before the 2nd respondent within a time frame.

(2.) The petitioner had the benefit of the order of the Controlling Authority dated 201.2016 in P.G.No.25/2015, directing the 3rd respondent to disburse the petitioner a sum of Rs.3,93,016.00 towards gratuity with 10% interest per annum. The 3rd respondent submits that they have not preferred any appeal against the order of the Controlling Authority and it has become final. The petitioner made a representation to the 3rd respondent for payment of money and also sent a representation to the 2nd respondent to recover the amount from the 3rd respondent by proceeding under the Revenue Recovery Act and the 2nd respondent Controlling Authority will have to communicate to the District Collector for recovering the amount from the 3rd respondent through the Tahsildar. The 2nd respondent has communicated to the 3rd respondent on 107.2016 that if the amount has not been paid, steps to recover the amount under the Revenue Recovery Act, would be initiated.

(3.) Admittedly, as on date, the amount approximately Rs.4,00,000.00 has not been recovered in terms of the Payment of Gratuity Act. Even though the petitioner has sought for recovery of the amount ordered by the Controlling Authority together with interest at 10% per annum, it is relevant to consider Sections 7(3A) and 8 together with the Notifications issued under these two provisions. For the sake of convenience, the same are extracted below:-