N KITTU Vs. DISTRICT COLLECTOR AND ORS

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 as per the proceedings in No. AA2/7651/2004 dated 19.07.2004 issued by the Assistant Commissioner of Labour (Gratuity) Trichy and pay the same to the Petitioner.

(2.) The Petitioner joined the services of the Second Respondent as Salesman on 25.08.1977. He voluntarily retired from the service on 31.03.2001. The Second Respondent has not paid a sum of Rs. 15,272/- (Rupees Fifteen Thousand Two Hundred and Seventy Two only) towards gratuity amount to which the Petitioner is entitled to. As such, the Petitioner projected P.G. Application No. 24 of 2002 before the Assistant Commissioner of Labour, Trichy. On 29.12.2003, the Second Respondent has been directed to pay Rs. 15,272/- (Rupees Fifteen Thousand Two Hundred and Seventy Two 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 on 19.07.2004. 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.