Petitioner, a retired Deputy General Manager, filed a writ petition for non-payment of balance gratuity under the Payment of Gratuity (Amendment) Act, 2010. The Court directed the employer to disburse the dues within two months.
Ordering 2nd respondent to disburse balance gratuity within two months and pay statutory interest.
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.
W.P(c).No.30690/2015-I
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940
WP(C).No. 30690 of 2015
PETITIONER/S:
D.CHANDRALEKHA AGED 63 YEARS (DEPUTY GENERAL MANAGER (RETIRED) KERALA AGRO INDUSTRIES CORPORAIO LTD), W/O.P.B.THOMAS, T.C.28/38-2, MRA-11, PALLIKKATHAYYIL, VAYANASALA KESAVAPILLA ROAD, KAITHAMUKKU, THIRUVANANTHAPURAM-695 024. BY ADVS. SRI.GEORGE VARGHESE (MANACHIRACKEL) SRI.P.R.MILTON
RESPONDENT/S:
1 THE SECRETARY TO GOVERNMENT, AGRICULTURE (PU)DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAURAM-695001.
2 THE KERALA AGRO INDUSTRIES CORPORATON LTD. REPRESENTED BY ITS MANAGING DIRECTOR, KISSAN JYOTHI, FORT, THIRUVANANTHAPURAM-695 023
3 THE MANAGER, GROUP GRATUITY,CASH ACCUMULATION SCHEME P AND GS UNIT, PATTAM, THIRUVANANTHAPURAM. BY ADVS. SRI.P.BENNY THOMAS SRI.S.EASWARAN, SC, LIC SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH
OTHER PRESENT:
GP SRI RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.30690/2015-I
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P.V.ASHA, J.
-------------------------- W.P(C) No.30690 of 2015-I
Dated this the 10th day of December, 2018
The petitioner, who had been working in the 2nd respondent – Kerala Agro Industries Corporation Ltd. and retired as Deputy General Manager on 16.5.2012, is aggrieved by the non payment of the balance gratuity payable under the Payment of Gratuity (Amendment) Act, 2010. It is stated that the petitioner was paid only Rs.3.5 lakhs towards gratuity on the basis of the provisions contained in the amended Act.
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In view of the above circumstances, the Writ Petition is allowed directing the 2nd respondent to see that the balance gratuity due to the petitioner in tune with the provisions contained in the Payment of Gratuity (Amendment) Act, 2010 w.e.f 20.4.2010 is disbursed within a period of two months from the date of receipt of a
copy of this judgment. The petitioner will also be entitled to the statutory interest.
Sd/-
P.V.ASHA
JUDGE
W.P(c).No.30690/2015-I
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P-1: A TRUE COPY OF THE REPRESENATION DATED 20.7.2015 EXHIBIT P2 EXHIBIT P-2: A TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT NO.A1/493/1062 DATED 26.10.2010
EXHIBIT P3 TRUE COPY OF THE APPLICATION AND THE LETTER DATED 15.4.2016 ISSUED BY THE SECOND RESPONDENT SHOWING THE PROFIT AND LOSS ACCOUNT.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 16.3.2016 AND THE DETAILS OF INFORMATION OBTAINED UNDER RI ACT DATED 16.4.2016.
RESPONDENT'S/S EXHIBITS:
ANNEXURE R2(a) TRUE COPY OF THE JUDGMENT IN O.P.NO.22533 OF 2002 DATED 31.10.2002. ANNEXURE R2(b) TRUE COPY OF THE JUDGMENT IN W.P.NO.30115 OF 2006 DATED 4.3.2016.
2 issues framed by the court
Whether the balance gratuity is payable under the Payment of Gratuity (Amendment) Act, 2010 without Government consent.
Whether the petitioner is entitled to statutory interest on the delayed gratuity payment.
1 provisions across 1 enactments
D.CHANDRALEKHA
THE SECRETARY TO GOVERNMENT, AGRICULTURE (PU)DEPARTMENT, GOVERNMENT OF KERALA
THE KERALA AGRO INDUSTRIES CORPORATON LTD.
THE MANAGER, GROUP GRATUITY,CASH ACCUMULATION SCHEME
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
