Madras High Court
WP/24823/2022 of G.Srinivasan B.E. (Elecl) LLB Advocate Vs Union of India on 28 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 24823 of 2022
CNR:{HCMA010951442022}
G.Srinivasan B.E. (Elecl)
LLB Advocate
Flat-F, Vijaya Sangamam
No. 12 6th Main road Nanganallur
Chennai 600 061
..Petitioner
Vs
1. Union of India
Ministry of Labour
Represented by Secretary
Shram Shakti Bhawan
Rafi Marg New Delhi 110 001
2. The Dy. Chief Labour Commissioner (Central)
5th Floor Shastri Bhawan
Chennai 600 006
3. The CMD
NTPC Limited NTPC Bhawan
Core 7 Scope Complex
Lodhi Road New Delhi 110 007
4. The Director (HR)
NTPC Limited Bhawan
Core 7 Scope Complex
Lodhi Road New Delhi 110 007
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent 3 and Respondent 4 that the petitioner is paid the Remaining Gratuity amount of Rs.51,56,786/- along with the compensation by way of compound interest at 10 percentage on arrears of
Gratuity payable w.e.f his date of entitlement at 1.3.2018 based o the last drawn salary drawn by the petitioner till the date of final settlement.
For Petitioner:
G.Srinivasan B.E. (ELECL)
LLB Advocate (P-in-P)
For R3 and R4:
For R1 and R2:
Mr.C.Mohan
for A.Rexy Josephine Mary
M/s.King and Partridge
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ORDER
The present writ petition has been filed seeking a Writ of mandamus directing the respondents 3 and 4 to pay the remaining gratuity amount of Rs.51,56,786/- to the petitioner.
2. The petitioner, appearing in person, in all fairness submitted that a similar claim was already preferred before the Appellate Authority under the Payment of Gratuity Act. However, the Authority rejected his request vide order dated 13.04.2022. It is his submission that such order is in contravention of the order of this Court in W.P. No. 25548 of 2023 dated 06.11.2025.
3. Though the petitioner in person would contend so, while looking at the prayer, it reveals that he has not challenged the order passed by the Appellate Authority under the payment of Gratuity Act. Therefore, having not challenged the order rejecting the petitioner’s claim for the remaining gratuity, the petitioner cannot seek for mandamus.
4. At this juncture, The petitioner, appearing in person, sought leave to file a fresh writ petition challenging the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972.
5. In view of the above submissions, the present writ petition is dismissed. However, the petitioner is given liberty to file a fresh writ petition against the order of the Appellate Authority under the Payment of Gratuity Act dated 13.04.2022. It is made clear that the petitioner is at liberty to raise all grounds and defences in the fresh writ petition, that have been raised in the present writ petition.
6. Accordingly, this Writ Petition stands dismissed. No costs. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHL
C.KUMARAPPAN J. SHL To:
1. Union of India Ministry of Labour Represented by Secretary Shram Shakti Bhawan Rafi Marg New Delhi 110 001
2. The Dy. Chief Labour Commissioner (Central) 5th Floor Shastri Bhawan Chennai 600 006
3. The CMD NTPC Limited NTPC Bhawan Core 7 Scope Complex Lodhi Road New Delhi 110 007
4. The Director (HR) NTPC Limited Bhawan Core 7 Scope Complex Lodhi Road New Delhi 110 007 WP No. 24823 of 2022 28-10-2026