Andhra Pradesh High Court - Amravati
P.Venkata Rao vs The A.P. Dairy Development Cooperative ... on 18 September, 2019
Author: M.Ganga Rao
Bench: M.Ganga Rao
HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.13962 of 2019
ORDER:
Heard the learned counsel for the petitioner and Sri M.Krishna Rao, learned Standing Counsel for A.P.Dairy Development Co-operative Federation Limited. With their consent, the Writ Petition is disposed of at the admission stage.
This writ petition is filed seeking a Writ of Mandamus declaring the inaction of the third respondent in releasing the sanctioned gratuity amount to the petitioner in spite of the orders of the second respondent vide Proceedings Rc.No.2265/Admn/A1/2012/GGS/, dated 28.08.2017, as illegal and arbitrary.
The case of the petitioner is that he was retired from service on 31.07.2010 in the post of Assistant Supervisor. As per the terms and conditions between the first respondent and second respondent, the first respondent granted gratuity amount pertaining to its employees including the petitioner till the year 2007. Due to non-settlement of amount of gratuity by the first respondent, the petitioner filed P.G. Case No.12 of 2016 on the file of the Authority under the Payment of Gratuity Act, 1972 before the Assistant Commissioner of Labour, Ongole, against respondent Nos.1 and 2.
As per the settlement arrived in P.G.Case No.12 of 2016, the second respondent vide proceedings dated 28.08.2017 2 accorded sanction to arrange payment of gratuity amount of Rs.6,96,473/- to the petitioner and sanctioned gratuity amount was agreed to be paid in 15 monthly installments. Thus, the second respondent directed the third respondent to arrange the sanctioned gratuity amount to the petitioner in installment basis as per the agreement. Accordingly, payment of first installment starts from the month of December, 2017 and end in the month of February, 2019. The grievance of the petitioner is that neither the second respondent nor third respondent has taken any steps for payment of gratuity installment. The third respondent failed to comply with the order of the second respondent. Being a retired employee retired on 31.07.2010, the petitioner is entitled for payment of gratuity amount. Therefore, the petitioner approached the third respondent by way of representation dated 19.08.2019 for payment of gratuity amount, but no action has been taken in his representation. Assailing the inaction of respondent Nos.2 and 3, this writ petition is filed.
In the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner and on perusal of the record, this Court in the interest of justice felt it appropriate to direct respondent Nos.2 and 3 to pay the gratuity amount to the petitioner by considering his representation dated 19.08.2019 as per law, as expeditiously as possible, preferably within a period of two 3 (2) months from the date of receipt of a copy of this order and communicate the same to the petitioner.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
_________________ M.GANGA RAO,J Date: 18.09.2019 Ivd 4 HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.13962 of 2019 Date: 18.09.2019 Ivd