Disposed

Venjramood Serviceco-Oprative Bank Ltd. No. 2419 v. the Controlling Authority Under the Payment of Gratuity Act

Kerala HC5 Dec 2017WP(C)/38053/2017

Case brief

AI extract

What is this about?

The Court directed the petitioner to avail the statutory appeal remedy under Rule 18 of the Kerala Payment of Gratuity Rules, 1973. Recovery proceedings were kept in abeyance for one month to enable the petitioner to seek interim reliefs in the appeal.

What did the court decide?

Recovery proceedings kept in abeyance for one month; petitioner directed to move appeal before appellate authority within ten days.

Venjramood Serviceco-Oprative Bank Ltd. No. 2419 Vs the… — Banking and Recovery | Kerala HC (2017)

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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 ANIL K.NARENDRAN

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TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939

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WP(C).No. 38053 of 2017 (F)

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PETITIONER :

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VENJARAMOOD SERVICE CO-OPRATIVE BANK LTD. NO. 2419, REPRESENTED BY ITS SECRETARY, VENJARAMOODU P.O, THIRUVANANTHAPURAM DISTRICT- 695 607

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BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR

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RESPONDENT(S):

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1. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, DEPUTY LABOUR COMMISSIONER AND SECRETARY, STATE ADVISORY CONTRACT LABOUR BOARD, THIRUVANANTHAPURAM -695 001

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2. A.SASIDHARAN, GANAPATHIYAMKADU VEEDU, VALIYAKATTAKKAL, VENJARAMOODU P.O, THIRUVANANTHAPURAM -695 607

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R1 BY SR GOVERNMENT PLEADER SRI.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 38053 of 2017 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE AWARD IN ID.NO. 14/2015 DATED 01.10.2015 OF
THE LABOUR COURT, KOLLAM

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EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN WPC.NO. 38990/2015 DATED 15.07.2016

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EXHIBIT P3 TRUE COPY OF THE ORDER IN G.C.NO. 62/2014 ALONG WITH NOTICE DATED 22.08.2016 ISSUED BY THE 1ST RESPONDENT

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EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED 18.01.2010 ALONG WITH DISCHARGE SHEET ISSUED BY THE LIC

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EXHIBIT P5 A TRUE COPY OF THE RESOLUTION NO. 286/09.10 DATED 22.02.2010 OF THE BOARD OF DIRECTORS OF THE PETITIONER SOCIETY

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EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 14.12.2016 SENT BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 02.11.2017 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT

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EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 02.11.2017 ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

ANIL K.NARENDRAN, J.

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- - - - W.P.(C) No.38053 of 2017

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- - - - Dated this the 5^th day of December, 2017

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JUDGMENT

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The petitioner, which is a Primary Agricultural Credit Society registered as per the provisions of the Kerala Cooperative Societies Act, is before this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P3 order dated 22.08.2016 of the 1^st respondent, who is the controlling authority under the Payment of Gratuity Act, 1972.

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Ext.P3 order of the 1^st respondent is appealable under Rule 18 of the Kerala Payment of Gratuity Rules, 1973, before the Deputy Labour Commissioner, Thiruvananthapuram. Therefore, if the petitioner is aggrieved by Ext.P3 order, it has to avail the statutory remedy provided under Rule 18 of the said Rules. The petitioner shall move an appeal before the appellate authority, within a period of ten days from the date of receipt of a certified copy of this judgment, along with an application for condonation of delay, as provided under the first proviso to Sub-Section (7) of Section 7 of the Payment of

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W.P.(c).No.38053 of 2017

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2 :

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Gratuity Act, 1972. If such an appeal is filed along with an application for condonation of delay, the appellate authority shall consider the application for condonation of delay and thereafter, the appeal, with notice to the 2^nd respondent herein.

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Recovery proceedings pursuant to Exts.P7 and P8 shall be kept in abeyance for a period of one month from the date of receipt of a certified copy of this judgment, so as to enable the petitioner to seek appropriate interim reliefs before the appellate authority.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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sm/

Venjramood Serviceco-Oprative Bank Ltd. No. 2419 v. the Controlling Authority Under the Payment of Gratuity Act

Case brief

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Venjramood Serviceco-Oprative Bank Ltd. No. 2419 v. the Controlling Authority Under the Payment of Gratuity Act

Case brief

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