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1 - 10 of 14 (0.39 seconds)The Indian Ports Act, 1908
Villianur Iyarkkai Padukappu Maiyam vs Union Of India & Ors on 14 May, 2009
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.