Retired employees filed a writ petition seeking disposal of their gratuity application by the Labour Commissioner. The Court, assured of expeditious action, directed the first respondent to consider the application within ninety days without adjudicating the merits.
Directed the first respondent to consider Ext.P4 expeditiously within ninety days.
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 DAMA SESHADRI NAIDU
THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940
WP(C).No. 689 of 2018
PETITIONER/S:
1 ANNAMMA AGED 80 YEARS W/O.DANIEL, MUDAYIL THARAYIL HOUSE, KEERIKKAD P.O., ALAPPUZHA DISTRICT, PIN-690508.
2 BHARATHY W/O.PURUSHAN, KOTTURVADAKKETHIL HOUSE, PATHIYOORKALA, KEERIKKAD P.O.,ALAPPUZHA DISTRICT, PIN-690508.
3 GOMATHY
W/O.THANKAPPAN, KAVUMKADAVU, ERUVA EAST, ERUVA P.O., ALAPPUZHA DISTRICT, PIN-690572.
4 KARTHIAYANI W/O.VELAYUDHAN, KOMBANEZHATHU HOUSE,ERUVA (E), ERUVA P.O., ALAPPUZHA DISTRICT, PIN-690572.
5 PADMAKSHY
W/O.CHELLAPPAN, THARAYIL, ERUVA (E),ERUVA P.O., ALAPPUZHA DISTRICT,PIN-690572.
6 KALLYANI
W/O.SIVARAMAN, POOTHEZHTHU THARAYIL HOUSE, ERUVA (E),ERUVA P.O., ALAPPUZHA DISTRICT,PIN-690572.
7 PANKAJAKSHY
8 K.VASU
MOOKASSERITHARAYIL, PATHIYOOR, BHAGAVATHYPPADY, KEERIKKAD P.O.,ALAPPUZHA DISTRICT, PIN-690508.
9 KARTHIAYANI
W/O.SANKARAN, VALIYATHU VADAKKETHIL, PATHIYOOR EAST, KEERIKKAD P.O.,ALAPPUZHA DISTRICT, PIN-690508.
10 JANAKI
W/O.KOCHUNANU, VAKKUTHARAYIL HOUSE, ERUVA (E),ERUVA P.O., ALAPPUZHA DISTRICT,PIN-690572.
WPC No.689 of 2018 2
| 11 | BHANUMATHY | |
|---|---|---|
| W/O.THANKAPPAN, | VALOAKKOTTUTHARAYIL HOUSE, | |
| PATHIYOOR (E), | KEERIKKAD P.O.,ALAPPUZHA DISTRICT, | |
| PIN-690508. |
13 KALLIANI
| W/O.SANKARAN, KOPPARATHEKKETHIL, KOYIPPALLY |
|---|
| KARAZHMA, OLAKETTYAMBALAM P.O.,MAVELIKKARA , PIN- |
| 690510. |
14 SHEELA D/O.LATE DEVAKI, PUTHENTHARAKIZHAKKETHIL, PATHIYOORKALA, KEERIKKAD P.O.,ALAPPUZHA DISTRICT, PIN-690508.
15 INDIRA D/O.LATE DEVAKI KOCHUTHARAYIL, KAYYALAKKAL, ERUVA EAST, ERUVA P.O., ALAPPUZHA DISTRICT,PIN-690572.
16 SUDHA D/O.LATE KARTHIAYANI, VASU BHAVAN, ERUVA WEST, ERUVA P.O.,ALAPPUZHA DISTRICT,PIN-690572.
19 SURENDRAN
| S/O.LATE JANAKY KOCHAYYATHU, VETTIKKOTTU |
|---|
| KIZHAKKETHIL, PATHIYOOR, BHAGAVATHIPPADY, KEERIKKAD |
| P.O.,ALAPPUZHA DISTRICT, PIN-690508. |
20 ANANDAN
S/O.LATE CHINNAMMA, KATTUPARAMBIL HOUSE, PATHIYOOR EAST, KEERIKKAD P.O.,ALAPPUZHA DISTRICT, PIN690508.
BY ADVS.
SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN SRI.M.D.JOSEPH SRI.NELSON JOSEPH
WPC No.689 of 2018 3
RESPONDENT/S:
BY ADV. SRI.M.K.CHANDRA MOHANDAS
OTHER PRESENT:
SRI MATHEW GEORGE VADAKKEL, GP. SRI. P.R. HARI KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners claim to have retired more than two decades ago.
All along they have been fighting for their terminal benefits: Gratuity.
Leaving aside the checkered history of the case, the petitioner's counsel seeks a direction from this Court to the first respondent to dispose of the Ext.P4.
Under these circumstances, without adverting to the merits, I
WPC No.689 of 2018 4
dispose of the Writ Petition holding that the first respondent will consider the Ext.P4, expeditiously, in ninety day's time.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 27.10.2004.
EXHIBIT P2 TRUE COPY OF THE FINDING OF 4TH RESPONDENT DATED 22.10.2009.
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 7.5.2013. EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR RECONSIDERATION/REVIEW RECEIVED BY THE 1ST RESPONDENT ON 14.6.2013.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 15.12.2016.
RESPONDENT'S/S EXHIBITS:
EXHIBIT-R3(1): A COPY OF THE ORDER DATED 3/2/2009 IN R.P.NO.1166/2008. EXHIBIT-R3(2): A COPY OF THE COVERING LETTER NO.CAPEX/GTY-02/09-10 DATED 24/04/09. EXHIBIT-R3(3): A COPY OF THE CHEQUE NO.0129422 DATED 27/03/2010. Css/
1 issue framed by the court
Whether the first respondent must dispose of the application for reconsideration of gratuity within a specific time.
ANNAMMA
BHARATHY
GOMATHY
KARTHIAYANI
PADMAKSHY
DEPUTY LABOUR COMMISSIONER
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
