The High Court of Kerala dismissed a writ petition wherein the petitioner challenged employees' claims under the Payment of Gratuity Act, 1972. The court held that since the board accepted and disbursed benefits under the Act, the petition lacked merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934
WP(C).No. 19167 of 2007 (F)
PETITIONERS:
------------D
BY ADVS.SRI.N.N.SUGUNAPALAN(SR.)SC,KSEB SRI.S.SUJIN
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.19167/2007
APPENDIX
PETITIONERS EXTS:
EXT.P1 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE CLAIM PELTITION G.C.NO.200/04, BEFORE THE 2ND RESPONDENT.
EXT.P2 TRUE COPY OF THE ORDER DATED 26/10/2005 IN G.C.NO.200/04 PASSED BY THE 2ND RESPONDENT.
EXT.P3 TRUE COPY OF THE MEMORANDUM OF APPEAL IN G.A.C.NO.230/2006 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.
EXT.P4 TRUE COPY OF THE ORDER DATED 30/8/2006 PASSED BY THE THIRD RESPONDENT IN APPEAL G.A.C.NO.230/2006.
EXT.P5 TRUE COPY OF THE JUDGMENT OF THIS COURT IN O.P.NO.674/2002.
EXT.P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN O.P.NO.674/2002 BEFORE THIS COURT.
RESPONDENTS' NIL.
TRUE COPY
P.S. TO JUDGE
HARUN-UL-RASHID,J.
W.P.(C).NO. 19167 OF 2007
DATED THIS THE 19TH DAY OF DECEMBER, 2012
JUDGMENT
Learned Standing Counsel for the petitioners submits
that the employees of the K.S.E. Board were covered by the Payment of Gratuity Act, 1972, that the K.S.E. Board accepted the claim of its employees under the Act and disbursed the benefits accrued to the employees under the said Act. Therefore, it is said that there is no need to consider the writ petition on merits.
Writ Petition is accordingly dismissed.
HARUN-UL-RASHID, JUDGE.
kcv.
KERALA STATE ELECTRICITY BOARD AND THE SECRETARY, KERALA STATE ELECTRICITY BOARD
P.PERACHAN
THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT
THE REGIONAL LABOUR COMMISSIONER, KOZHIKODE
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
