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Manager, S.N.G.S High School v. Controlling Authority Under the Payment of Gratuity Act

Kerala HC23 May 2017WP(C)/7562/2017

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam quashed an ex-parte order (Ext.P6) passed by the Deputy Labour Commissioner for failing to provide reasons and hearing the petitioner on a petition to set aside a prior ex-parte order, directing the authority to decide afresh within three months.

What did the court decide?

Ext.P6 order quashed; Respondent directed to consider petitioner's case and pass fresh orders within three months after hearing.

Manager, S.N.G.S High School Vs Controlling… — Writ and Judicial Review | 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 A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 23RD DAY OF MAY 2017/2ND JYAISHTA, 1939

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WP(C).No. 7562 of 2017 (U)

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PETITIONER(S):

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MANAGER, S.N.G.S HIGH SCHOOL, KARAMUKKU, KANDASSANKADAVU POST, THRISSUR DISTRICT -680 613.

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BY ADV. SRI.P.K.RAVISANKAR.

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RESPONDENT(S):

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1. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DEPUTY LABOUR COMMISSIONER, THRISSUR), THRISSUR - 680 020.

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2. SOMAN K.M., KOCHATH HOUSE, KARAMUCK, KANDASSANKADAVU P.O, THRISSUR DISTRICT -680 613.

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R1 BY GOVT. PLEADER SRI.PRADEEP. C.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 7562 of 2017 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1 TRUE COPY OF THE GRATUITY APPLICATION SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT

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P2 TRUE COPY OF THE NOTICE DATED 09.02.2016 ISSUED BY THE 1ST RESPONDENT

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P3 TRUE COPY OF THE ORDER DATED 05.05.2016 ISSUED BY THE 1ST RESPONDENT

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P4 TRUE COPY OF THE APPLICATION DATED 17.11.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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P5 TRUE COPY OF THE APPLICATION DATED 18.11.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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P6 TRUE COPY OF THE ORDER NO.G.C.74/2015/E.646/2016 DATED 04.01.2017 ISSUED BY THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.K.JAYASANKARAN NAMBIAR, J.

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............................................................. W.P.(C).No.7562 of 2017

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............................................................. Dated this the 23^nd day of May, 2017

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J U D G M E N T

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The petitioner has approached this Court aggrieved by Ext.P6 order passed by the 1^st respondent, whereby the 1^st respondent rejected an application preferred by the petitioner seeking to set aside an ex-parte order passed against him under Payment of Gratuity Act. It is the case of the petitioner that while he had filed a petition seeking to set aside the ex-parte order and also filed an application for condonation of delay in filing the said petition, wherein he had stated the reasons for his absence at the hearing which culminated in the final order passed by the 1^st respondent, the 1^st respondent has not considered any of the same or heard the petitioner before passing Ext.P6 order.

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I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

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-2-

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W.P.(C).No.7562 of 2017

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find from a reading of Ext.P6 order that it contains no reason for rejecting the application preferred by the petitioner for setting aside the exparte order. Under such circumstances, I quash Ext.P6 order and direct the 1^st respondent to consider the case projected by the petitioner for setting aside ex-parte order and if found to be justified, to set aside ex-parte order and pass fresh orders in the G.C.No.74/2015, after affording the petitioner an opportunity of being heard. The 1^st respondent shall pass fresh orders as directed within a period of three months from the date of receipt of a copy of this judgment.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/23.05.17

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W.P.(C).No.7562 of 2017

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Manager, S.N.G.S High School v. Controlling Authority Under the Payment of Gratuity Act

Case brief

What is this about?

What did the court decide?

Manager, S.N.G.S High School v. Controlling Authority Under the Payment of Gratuity Act

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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