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Therefore, we are of the view that the order of the learned Single Judge confirming the order of the Appellate Authority, who has confirmed the order of the Controlling Authority is set aside and the writ appeals are allowed. Insofar as writ petitions are concerned, the common order of the Appellate Authority dated 31.03.2021 confirming the order of the Controlling Authority is set aside and the writ petitions are allowed. No costs. It is brought to the notice of this Court that pursuant to the orders of the Controlling Authority concerned in the writ appeals and writ petitions, the difference of gratuity amounts have been deposited before the respective authorities as it is a condition precedent before preferring appeals before the Appellate Authority concerned in the writ appeals and writ petitions. Some of the employees concerned in the writ appeals have already withdrawn their respective amounts and the employees concerned in the writ petitions are yet to withdraw. We make it very clear that the employees who had already withdrawn the amounts need not return the money and that the appellant/writ petitioner Management cannot demand for refund of the said amounts. The amounts, which are lying in deposit together with accrued interest shall be returned to the appellant/writ petitioner Management within a period of four months from the date of receipt of a copy of this order. Connected miscellaneous petitions are closed. (S.V.N.J.) (K.R.S.J.) nv 21.06.2023 To The Regional Labour Commissioner (Central) cum Appellate Authority under the Payment of Gratuity Act, 1972, O/o. Regional Labour Commissioner, No.26, Haddows Road, Shastri Bhavan, Chennai 600 006. The Assistant Labour Commissioner (Central) cum Controlling Authority under the Payment of Gratuity Act, 1972, Ministry of Labour and Employment, Government of India, New No.5, Old No.1-A(II Floor), Lady Doak College Road, Chinna Chokkikulam, Madurai 625 002. The Regional Labour Commissioner (Central) Madurai, Kanga Apartments, Suit No.III, 1st Floor, 13-A, Lady Doak CollegeRoad, Chinna Chokkikulam, Madurai – 625 002. Dy. Chief Labour Commissioner (Central), 5th Floor, Shastri Bhavan, Chennai – 600 006. VAIDYANATHAN,J. AND RAJASEKAR,J. nv W.A. No. 1687 of 2021 etc. batch 21.06.2023. For Appellant :: Mr.Venkatasamy Babu For Respondents :: Mr. P.Ganesan ` Govt. Advocate for R1 & R2 Mr.S.T.Varadarajulu for R3
by Sekar Reporter · Published August 17, 2023