W.P(MD)No.1048 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.1048 of 2019 and W.M.P(MD)No.878 of 2019 The Management, A1449, Madura Coats Workers Co-operative Stores Limited, 3, Arappalayam Cross Road, Ponnagaram, Madurai. ... Petitioner Vs. 1.The Additional Commissioner of Labour (The Appellate Authority), Madurai. 2.The Controlling Authority under the Payment of Gratuity Act, (Assistant Commissioner of Labour), Madurai. 3.S.Krishnamani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Declaration declaring that the first proviso of Section 7(7) of Payment of Gratuity Act, 1972 is ultra vires of the constitution and 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.1048 of 2019 null and void and quash the order passed by the first respondent made in A.Thi.Mu/Ee/1556/2018 dated 16.08.2018 and consequently direct the first respondent to entertain the appeal filed by the petitioner and dispose the same in accordance with law within the time stipulated by this Court. For Petitioner : Mr.P.R.Prithiviraj for Mr.D.Sadiq Raja For Respondents : Mr.M.S.Parthiban Government Advocate (Civil Side) for R.1 & R.2 ORDER (Order of the Court was made by G.R.Swaminathan J.)

The petitioner challenges the validity of the first proviso of Section 7(7) of the Payment of Gratuity Act, 1972 as ultra virus. Consequential order passed by the first respondent herein had also been put to challenge. 2.When the matter was taken up for hearing, the learned counsel for the petitioner fairly brought to our notice that a very same challenge mounted by another petitioner in W.P(MD)No.6958 of 2019 was dismissed by this Court and the validation was sustained vide order dated 06.10.2023. In view of the said decision, nothing survives for further adjudication. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.1048 of 2019 3.This Writ Petition is closed as infructuous. No Costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.K.R.K, J.] 06.07.2026 2/2 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Additional Commissioner of Labour (The Appellate Authority), Madurai. 2.The Controlling Authority under the Payment of Gratuity Act, (Assistant Commissioner of Labour), Madurai. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.1048 of 2019 G.R.SWAMINATHAN, J. AND K.K.RAMAKRISHNAN, J. MGA W.P(MD)No.1048 of 2019 06.07.2026 2/2 4/4 https://www.mhc.tn.gov.in/judis

W.P(MD)No.1048 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.1048 of 2019 and W.M.P(MD)No.878 of 2019 The Management, A1449, Madura Coats Workers Co-operative Stores Limited, 3, Arappalayam Cross Road, Ponnagaram, Madurai. ... Petitioner Vs. 1.The Additional Commissioner of Labour (The Appellate Authority), Madurai. 2.The Controlling Authority under the Payment of Gratuity Act, (Assistant Commissioner of Labour), Madurai. 3.S.Krishnamani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Declaration declaring that the first proviso of Section 7(7) of Payment of Gratuity Act, 1972 is ultra vires of the constitution and 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.1048 of 2019 null and void and quash the order passed by the first respondent made in A.Thi.Mu/Ee/1556/2018 dated 16.08.2018 and consequently direct the first respondent to entertain the appeal filed by the petitioner and dispose the same in accordance with law within the time stipulated by this Court. For Petitioner : Mr.P.R.Prithiviraj for Mr.D.Sadiq Raja For Respondents : Mr.M.S.Parthiban Government Advocate (Civil Side) for R.1 & R.2 ORDER (Order of the Court was made by G.R.Swaminathan J.)

The petitioner challenges the validity of the first proviso of Section 7(7) of the Payment of Gratuity Act, 1972 as ultra virus. Consequential order passed by the first respondent herein had also been put to challenge. 2.When the matter was taken up for hearing, the learned counsel for the petitioner fairly brought to our notice that a very same challenge mounted by another petitioner in W.P(MD)No.6958 of 2019 was dismissed by this Court and the validation was sustained vide order dated 06.10.2023. In view of the said decision, nothing survives for further adjudication. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.1048 of 2019 3.This Writ Petition is closed as infructuous. No Costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.K.R.K, J.] 06.07.2026 2/2 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Additional Commissioner of Labour (The Appellate Authority), Madurai. 2.The Controlling Authority under the Payment of Gratuity Act, (Assistant Commissioner of Labour), Madurai. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.1048 of 2019 G.R.SWAMINATHAN, J. AND K.K.RAMAKRISHNAN, J. MGA W.P(MD)No.1048 of 2019 06.07.2026 2/2 4/4 https://www.mhc.tn.gov.in/judis