Thamarai Selvan v. Deputy Registrar of Societies, Pattukottai, Thanjavur District
2016-01-18
D.HARIPARANTHAMAN
body2016
DigiLaw.ai
ORDER : With the consent of both the parties, the main writ petition itself is taken up for final disposal. 2. The petitioner was an employee in the second respondent Cooperative Society. He retired from service on 28.02.2015, after rendering 40 years of service. In the proceedings dated 25.08.2015, the first respondent has stated that a sum of Rs.10,97,598/-is due and payable by the second respondent Society towards terminal benefits and the details of the same are stated in the said proceedings. At the time of retirement, Rs.1,00,000/-was given to the petitioner. It was stated in the said proceedings dated 25.08.2015 that the balance amount towards retirement benefits would be settled according to the financial condition of the second respondent Cooperative Society. But no amount is paid after his retirement, except the aforesaid amount of Rs.1 lakh. Hence this writ petition. 3. The second respondent is bound to pay the terminal benefits such as gratuity and provident fund immediately on retirement without any delay, otherwise the same would amount to violation of Article 21 of the Constitution of India. Further it is also worthwhile to take notice to Sections 78 and 79 of the Tamil Nadu Co-operative Societies Act. Those sections mandate payment of gratuity and Provident Fund. The petitioner retired from service on 28.02.2015. The retirement benefits are yet to be settled. 4. The learned counsel for the second respondent Cooperative Society seeks permission to make the payment in installments, as the Cooperative Society is not in a good financial condition. The learned counsel for the petitioner has no objection for the same. 5. Hence, the writ petition is disposed of with the following directions: (a) The terminal benefits payable by the second respondent to the petitioner shall be paid in six equal monthly installments and the first installment shall be paid on or before 08.02.2016. (b) If there is default in payment of installments, the defaulted amount will carry 12% interest per annum. 6. However, there shall be no order as to costs.