Labour case : 28.04.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.11389, 11398, 11393, 11400, 11404, 11419, 11423, 14174, 14258, 2309, 2110, and 2121 of 2025. and W.M.P.Nos.12846, 12847, 12857,

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.11389, 11398, 11393, 11400, 11404, 11419, 11423, 14174, 14258, 2309, 2110, and 2121 of 2025. and
W.M.P.Nos.12846, 12847, 12857, 12858, 12850, 12853, 12861, 12862, 12867, 12868, 12893, 12895, 12901, 15922,16033, 16035,2629, 2478,
2479, 2483, and 2484 of 2025
M/s. Maduranthagam Co-operative
Sugar Mills Limited,
Rep by its Administrator,
Having office at Padalam Post,
Maduranthagam Taluk,
Chengalpattu District. …Petitioner in all the Writ Petitions
Vs.
1.The Additional Commissioner of Labour,
(Appellate Authority under the payment of
Gratuity Act, 1972)
Tamil Nadu Labour welfare Board Buildings,
D.M.S. Compound, Teynampet, Chennai – 6.
…1st Respondent in all the Writ petitions
2. The Deputy Commissioner of Labour
(Controlling Authority under the payment of
Gratuity Act, 1972)
Tamil Nadu Labour Welfare Board Building, D.M.S. Compound, Teynampet, Chennai -6.
…2nd Respondent inW.P.Nos. 11389,
11398, 11393, 11400, 11404, 11419, 11423, 14174, and 14258 of 2025
3. The Deputy Commissioner of Labour (DCL 2)
(Controlling Authority under the payment of Gratuity Act, 1972) D.M.S. Compound, 6th Floor,Teynampet, Chennai -6.
…2nd Respondent in W.P.Nos: 2309,
2110, and 2121 of 2025
4. Thiru. E. Kannikai …3rd Respondent in W.P.No.11389 of 2025
5. Thiru. V.Shanmugam …3rd Respondent in W.P.No. 11398 of 2025
6. Thiru. M.Ramalingam …3rd Respondent in W.P.No. 11393 of 2025
7. Tmt. Chokkammal …3rd Respondent in W.P.No. 11400 of 2025
8. Thiru. M.Harikrishnam …3rd Respondent in W.P.No. 11404 of 2025
9. Thiru. M. Elumalai …3rd Respondent in W.P.No. 11419 of 2025
10. Thiru. M. Rajendran …3rd Respondent in W.P.No. 11423 of 2025
11. Thiru. M. Loganathan …3rd Respondent in W.P.No. 14174 of 2025
12. Thiru S. Nagalingam …3rd Respondent in W.P.No. 14258 of 2025
11. Thiru. I. Raji …3rd Respondent in W.P.No. 2309 of 2025
12. Thiru. N. Kanniyappan …3rd Respondent in W.P.No. 2110 of 2025
13. Thiru. K. Arumugam …3rd Respondent in W.P.No. 2121 of 2025
Prayer in W.P.No. 11389 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.31/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.43,260 relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders. Prayer in W.P.No. 11398 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 and amended order dated 21.09.2023 made in PGA No.34/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,62,100/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 11393 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.30/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,69,982/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 11400 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.33/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,03,853/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 11404 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.36/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.1,27,691/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 11419 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.32/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,30,700/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 11423 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.29/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.1,43,939/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 14174 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.35/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,55,889/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 14258 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 07.09.2023 made in PGA No.37/2022 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.5,59,995/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 2309 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 04.08.2023 made in PGA No.34/2021 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,43,726/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 2110 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 04.08.2023 made in PGA No.35/2021 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,33,723/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
Prayer in W.P.No. 2121 of 2025: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the order of the first respondent dated 04.08.2023 made in PGA No.36/2021 and to quash the same with consequential directions to the second respondent to refund the gratuity amount of Rs.2,12,857/- relating to the Third respondent – deposited by the petitioner Sugar Mill within the time to be stipulated by this court and pass orders.
For Petitioner : Mr. Haja Nazirudeen- AAG Assisted by P. Haribabu
For Respondents : Mr.K. Surendran AGP for R1 & R2 Mr. P.B. Suresh Babu for R3 in all the cases.

COMMON ORDER
Since the issue involved in the above writ petitions are one and the same they are disposed of by way of this common order.
2. The case of the petitioner is that the petitioner sugar mill is a Co-operative Sugar Society registered under the Tamil Nadu Cooperative Societies Act, 1983. It was established for the welfare of the Farmers/Sugar Cane Growers located in and around Maduranthagam area and the area of operation of the Society is restricted to the entire Taluks of Chengalpattu District and Uthiramerur, Kanchipuram District. The respective private respondents in respective writ petitions were engaged in Non Muster Role in the petitioner Sugar Mill and were relieved on various dates on attaining the age of superannuation on payment of terminal benefits including gratuity. Thereafter, the manufacture of sugar has dwindled in quantity in downward trend from the year 1995. Thereby, the petitioner sugar mill remained closed from April, 2001 to January 2012. Further the NMRs and cane farm labourers were never in continuous service till they were absorbed as permanent employees in terms of Section 2-A of Payment of Gratuity Act, 1972. Seeking to release the gratuity till April 2017, the respective private respondents in respective writ petitions have filed an application before the second respondent, however, the same was allowed in favour of the petitioner. Challenging the same, the respective third respondent have preferred an appeal before the first respondent in P.G.A.No.31 of 2022, however, the first respondent without taking into consideration the nature of employement of the respective third respondent had allowed the application filed by the respective third respondent. Challenging the same the present writ petitions have been filed.
3. The learned Additional Advocate General for the petitioner submits that admittedly the claim of gratuity when the mill suspended its operation is fallacious in view of the fact that the petitioner Mill was closed on account of various factors during the period 2001 and was revived only during 2011 pursuant to the G.O.(Ms).No.110 Industries (MIC.1) Department dated 07.08.2010. When the petitioner sugar mill was under closure during which period the respective third respondent has no locus standi to claim gratuity. Hence, this Court may modify the order passed by the first respondent by directing the petitioner to pay the gratuity amount as ordered by the second respondent except for the closure period ie., from 2001 to 2010.
4. The learned Additional Government Pleader appearing for the respondents did not dispute the above facts submitted by the learned senior counsel for the petitioner.
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. In the light of the above submissions, this Court without interfering with the orders impugned directs the petitioner to pay the gratuity as ordered by the second respondent in favour of the respective third respondent from the date of initial employment till the date of gratuity application except for the period of closure ie., from Jan 2001 till 07.08.2010 within a period of eight (8) weeks from the date of receipt of a copy of this order less the amount already deposited before the authority. However, liberty is granted to the respective third respondent to withdraw the entire amount if any deposited by the petitioner with accrued interests and costs. It is made clear that the appellate authority shall calculate the gratuity amount except for the above prescribed period and disburse the same to the employees.
7. With the above observation, these writ petitions are disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.

28.04.2025
rap
Speaking Order : Yes/ No
Index : Yes/ No
NCC : Yes/ No
To
1.The Additional Commissioner of Labour,
(Appellate Authority under the payment of
Gratuity Act, 1972)
Tamil Nadu Labour welfare Board Buildings, D.M.S. Compound, Teynampet, Chennai – 6. 2. The Deputy Commissioner of Labour
(Controlling Authority under the payment of
Gratuity Act, 1972)
Tamil Nadu Labour Welfare Board Building, D.M.S. Compound, Teynampet, Chennai -6.
3. The Deputy Commissioner of Labour (DCL 2)
(Controlling Authority under the payment of Gratuity Act, 1972) D.M.S. Compound, 6th Floor,Teynampet, Chennai -6.  
M.DHANDAPANI., J.
rap
W.P.No.11389, 11398, 11393, 11400, 11404, 11419, 11423, 2309, 2110, 2121, 14174 and 14258 of 2025 and
W.M.P. Nos. 12846, 12847, 12857, 12858, 12850, 12853, 12861, 12862, 12867, 12868, 12893, 12895, 12901, 2629, 2478,2479,15922,16033 and
16035 of 2025
28.04.2025