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Showing contexts for: Anglo French Textiles in Union Territory Of Pondicherry vs L.Sundararajan on 21 December, 2015Matching Fragments
Review Application No.107 of 2015 is filed by the Government of Puducherry and Pondicherry Textiles Corporation seeking to review the order passed by this Court in W.P.No.18277 of 2014, dated 16.09.2014.
2.Excepting the 3rd respondent in the Review viz., J.Damodaran, all the other respondents in the Review, who are the employees of the 3rd petitioner in the Review, viz., Anglo French Textiles, now called as Pondicherry Textiles Corporation, have filed the Contempt Petition No.428 of 2015, seeking to punish the respondent viz., Government of Puducherry for having disobeyed the order of this Court in W.P.No. 18277 of 2014, dated 16.09.2014.
3. The respondents in the Review, who are the employees of the Anglo French Textiles, now called as Pondicherry Textiles Corporation, have filed the W.P.No.18277 of 2014, alleging that though, they retired from service a long back, the gratuity amount has not been paid to them, inspite of their repeated reminders. The further grievance of the petitioners therein is that, though, the District Collector has directed to recover the amount from the Anglo French Textiles as per Section 8 of the Payment of Gratuity Act and pay the gratuity amount due to them, even then, it has not been paid to the petitioners so far. Hence, the said Writ Petition was filed by the employees seeking for a Mandamus, directing the second respondent therein, viz., District Collector, Puducherry, to proceed with the recovery proceedings in pursuance of the order Reference No.2853/LO(E)/AIL-I/P.G.Cases/2013-14, dated 10.03.2014 and recover the amount of gratuity as set out in the annexure to the said proceedings together with compound interest at 10% per annum from the date on which the amount became due till the amount is settled by the 3rd respondent therein, viz., Anglo French Textiles, as arrears of Land Revenue under Section 8 of the Payment of Gratuity Act, 1972, in respect of the petitioners. This Court, while disposing of the said Writ Petition, by order dated 16.09.2014, has fixed the time limit of four months to complete the Revenue Recovery proceedings and directed the Government to pay the amount along with the interest at the rate of 10% per annum from the date on which the amount became due till the amount is settled. Alleging that the order of this Court dated 16.09.2014 passed by this Court in W.P.No.18277 of 2014 has not been complied with, the employees of the Anglo French Textiles nine in number, have filed the Contempt Petition. The respondents in W.P.No. 18277 of 2014 have filed the Review Application No.107 of 2015, praying to review the order passed by this Court in W.P.No. 18277 of 2014, dated 16.09.2014.
Sl.No. Description of Property Area (In Hectares) Area (In Sq.Ft) Value of Land (Rs.in Crores)
1. Pattanur Land RS No.47/3 to 171/pt Idle Land 22.51.56 24,23,582 71.70 Thengathittu TS No.P/7/23 Idle Land 0.10.83 11,657 1.05 Thirubuvanai RS No.116/1A Idle Land 0.73.50 79,114 0.63 TOTAL VALUE 73.38
11. Since, it is now brought to the notice of this Court that if it is under the Revenue Recovery Act, it will take more time, especially, when the properties are situated within the province of Government of Puducherry, it is simple and better that the Pondicherry Textile Corporation, which is earlier called as Anglo French Textiles, is the competent person to sell the properties morefully described in the Government Memo.
13. From a reading of the judgment cited supra, it is seen that the Division Bench has clearly held in paragraph No.11 to the effect that even though a decision was taken by the Government of Pondicherry to request the Government of India to confer ownership on the present occupiers of the land in dispute, however, the fact remains that the matter is still pending with the Pondicherry Administration. Hence, the Division Bench has ultimately held that it is for the Union Territory Government now to take a decision to confer ownership right on the petitioner and other occupants in the light of the Law laid down by the Supreme Court. Thus, in the case on hand, it is evident that there is no need to get the Central Government permission. Since, the competent authority is the District Collector for the payment of gratuity under the Payment of Gratuity Act, the Pondicherrry Textiles Corporation shall sell the properties detailed in the Government Memo as stated supra, under the supervision of the District Collector. Therefore, the Review is allowed to the limitted extent, viz., instead of the words in paragraph No.5 of the order dated 16.09.2014, the Government shall pay the amount, the review shall be to the extent that the 3rd respondent/Anglo French Textiles, now called as Pondicherry Textile Corporation, shall take steps immediately to sell the properties in public auction under the supervision of the District Collector and disburse the gratuity amount through the District Collector, who is the competent authority under the Payment of Gratuity Act, to all the employees and also in paragraph No.5 of the order dated 16.09.2014, instead of the words the Government shall not wait, the review shall be to the extent that the 3rd respondent/Anglo French Textiles, now called as Pondicherrry Textiles Corporation shall not wait. The Review Application is allowed to the limited extent as indicated above. Consequently, the order passed in the main Writ Petition No.18277 of 2014, dated 16.09.2014, stands modified to the same effect. In the result, the Writ Petition is allowed with the modification to the limited extent as stated above. Consequently, connected Miscellaneous Petition is closed. No costs.