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Judgment
K. Chandru, J.—The petitioner is seeking the payment of gratuity amount due to him for the period he worked in the respondent corporation from April 10, 1973 to May 18, 1990 with interest and compensation. According to the calculation 5 made by the respondent, the gratuity amount due to the petitioner is Rs. 55,799/-.
Notice of motion was ordered in the writ petition and today, when the matter was called, Mr. G. Muniratnam, learned Counsel for the respondent submitted that the respondent already made the cheque ready for the said amount, but the petitioner has to produce a "No Dues Certificate" from the Tamil Nadu State Transport Corporation Employees Co-operative Thrift and Loan Credit Society, Villupuram, where he borrowed certain loans. This stand of the respondent cannot be accepted, because u/s 14 of the Payment of Gratuity Act, 1972, an overriding effect has been provided. However, the learned Counsel for the respondent submits that the petitioner/workman himself has given a letter, authorising the Corporation to deduct the Society loan from his gratuity and other terminal benefits. Even if the workman has given such a letter, that cannot be used as a recovery mechanism, especially for settling the gratuity to be paid to the workman. Therefore, there shall be a direction to the respondent to pay the gratuity due to the workman within two weeks from the date of receipt of a copy of this order. However, it is always open to the Cooperative Society to recover the dues from the workman in the manner known to law.
The writ petition is allowed to the above extent. M.P. No. 1 of 2006 is closed as unnecessary. No costs.