Madras High CourtEmployment and Labour LawAdministrative and Public Law

Madras HC Refuses To Stop Gratuity Proceedings Against Avianshilingam Trust, KVK, Saying They Can Contest Act’s Applicability Before Labour Officer

THE AVIANSHILINGAM EDUCATION TRUST,v.The Deputy Commissioner of Labour,

Madras HC Refuses To Stop Gratuity Proceedings Against Avianshilingam Trust, KVK, Saying They Can Contest Act’s Applicability Before Labour Officer. THE AVIANSHILINGAM EDUCATION TRUST, vs The Deputy Commissioner of Labour,. Madras High Court. LawLens
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In brief

The question

1. Whether the petitioners could challenge the gratuity proceedings on the ground that the Payment of Gratuity Act, 1972 did not apply to them

The court held

The Court dismissed all five writ petitions, leaving the petitioners to raise their objections before the Deputy Commissioner of Labour.

It also directed

No costs were ordered, and the connected writ miscellaneous petitions were closed

01Facts

The petitioners challenged proceedings initiated before the Deputy Commissioner of Labour under the Payment of Gratuity Act, 1972, including applications seeking gratuity from the petitioners.

p. 6

They contended that the Act did not apply to them and that the proceedings were therefore without jurisdiction.

p. 6

The writ petitions sought to quash related interlocutory applications and restrain the authority from entertaining the gratuity applications

p. 6

02Issues

i.1. Whether the petitioners could challenge the gratuity proceedings on the ground that the Payment of Gratuity Act, 1972 did not apply to them

p. 6

ii.2. Whether the writ petitions should be allowed before the petitioners raised that objection before the Deputy Commissioner of Labour

p. 6

03Law Applied

The Court referred to the Payment of Gratuity Act, 1972, under which the gratuity proceedings had been initiated, but cited no specific provision or precedent.

p. 6

It stated that the petitioners could file a suitable counter before the Deputy Commissioner of Labour explaining why the Act did not apply to them

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04Reasoning

The Court did not determine whether the Act applied to the petitioners or whether the Deputy Commissioner had jurisdiction.

p. 6

It held that the petitioners could raise their non-applicability objection by filing counters in the pending proceedings.

p. 6

On that basis, it declined to grant the requested writ relief

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05Holding

The Court dismissed all five writ petitions, leaving the petitioners to raise their objections before the Deputy Commissioner of Labour.

p. 6

No costs were ordered, and the connected writ miscellaneous petitions were closed

p. 6
Madras High Court

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THE AVIANSHILINGAM EDUCATION TRUST,vsThe Deputy Commissioner of Labour,

Madras High Court · November 04, 2026

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