Disposed

Paulraj and Others v. State of Kerala and Others

Kerala HC25 Mar 2011WP(C)/3834/2011

Case brief

AI extract

What is this about?

Petitioners challenged non-payment of gratuity amounts awarded by the Controlling Authority. The court directed the tea garden to pay the dues within one month, failing which revenue recovery proceedings must be initiated.

What did the court decide?

Directing the fourth respondent to pay the amounts due within one month; failing which, the third respondent shall initiate revenue recovery proceedings.

Paulraj and Others Vs State of Kerala and… — Pension and Retirement Benefits | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933

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WP(C).No. 3834 of 2011(D)

PETITIONERS:

PAULRAJ, CR NO.945, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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CHELLAIAH, CR NO.945, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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MUNIYANDI, CR NO.532, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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SMT.KAMALAM, W/O.DEVADAS, CR NO.202, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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ANNAVADIVU, CR NO.815, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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SUNDARAM, CR NO.1029, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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YESUMARIAL, CR NO.149, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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GANASELVAM, CR NO.150, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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MARIATHANGAM, CR NO.162, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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CHELLAM, CR NO.807, BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA.

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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WP(C).No. 3834 of 2011(D)

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THE CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, 1972 AND DISTRICT LABOUR OFFICER, IDUKKI, THODUPUZHA-670 501.

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THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI-670 001.

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BONAMI TEA GARDEN, FAIRFIELD POST, ELAPPARA, REPRESENTED BY ITS MANAGER-670 681.

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TAHSILDAR, TALUK OFFICE, PEERMADE-670 681.

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BY GOVERNMENT PLEADER, SMT.SUDHA DEVI.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3834 of 2011(D)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P1 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 7/2003.

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EXT.P2 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 13/2003.

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EXT.P3 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 29/2003.

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EXT.P4 : TRUE COPY OF THE ORDER DATED 10.05.2010 PASSED BY THE 2ND RESPONDENT IN GC 21/2001.

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EXT.P5 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 31/2003.

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EXT.P6 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 10/2003.

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EXT.P7 : TRUE COPY OF THE ORDER DATED 10.05.2010 PASSED BY THE 2ND RESPONDENT IN GC 34/2003.

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EXT.P8 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 180/2004.

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EXT.P9 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 6/2003.

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EXT.P10 : TRUE COPY OF THE ORDER DATED 20.06.2010 PASSED BY THE 2ND RESPONDENT IN GC 24/2003.

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EXT.P11 : TRUE COPY OF THE JUDGMENT DATED27.01.2009 IN WP(C) NO.36161/2008(E).

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/TRUE COPY/

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PA TO JUDGE

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ANTONY DOMINIC, J.

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W.P(C).No. 3834 of 2011

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Dated this the 25^th day of March, 2011 JUDGMENT

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By Exhibits P1 to P10 the Controlling Authority under the Payment of Gratuity Act allowed the gratuity claims filed by the petitioners. The petitioners' grievance in this Writ Petition is that the amounts as per Exhibits P1 to P10 have not been paid to them yet. Therefore, they seek a direction to the third respondent to initiate revenue recovery proceedings for recovery of the amounts due from the fourth respondent as per Exhibits P1 to P10.

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The fourth respondent appears through counsel on receipt of notice from this Court. He submits that four months' time may be granted to him for payment fo the amounts due. Exhibits P1 to P10 orders were passed as early as in May and June, 2010. Almost nine months are over. Therefore, there is no justification for the fourth respondent to seek further time to pay the same.

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Taking note of the submissions made, this Writ Petition is disposed of directing the fourth respondent to pay the amounts due as per Exhibits P1 and P2 within one month from today, failing which the third respondent shall immediately take steps under the Revenue Recovery Act to enforce payment of the amounts.

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ANTONY DOMINIC, JUDGE

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vgs

Paulraj and Others v. State of Kerala and Others

Case brief

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Paulraj and Others v. State of Kerala and Others

Case brief

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