The Secretary, v. the Deputy Labour Commissioner - Kottayam
Case brief
What is this about?
This writ petition challenges an ex-parte order dismissing a review application due to limitation. The High Court set aside the order, citing lack of service during the pandemic and the failure to record satisfaction. The matter was remitted for a fresh hearing.
What did the court decide?
Order Ex.P3 dated 22.06.2021 set aside; matter remitted to First Respondent to decide afresh after opportunity of hearing.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
W.P.(C.) NO. 14148 OF 2022
PETITIONER:
THE SECRETARY,
P.N.P. MEMORIAL HINDU MEDICAL MISSION HOSPITAL
(KVMS CHARITABLE & CULTURAL SOCIETY),
PONKUNNAM,
KOTTAYAM,
PIN – 686506.
BY ADVS. LIJI.J.VADAKEDOM
REXY ELIZABETH THOMAS
TOM E. JACOB
RESPONDENTS:
1THE DEPUTY LABOUR COMMISSIONER - KOTTAYAM
COMPETENT AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER-KOTTAYAM,
ETTUMANOOR P.O.,
KOTTAYAM DISTRICT,
PIN – 686631.
2PADMAKUMARY K.N.
ELAYIDATHU HOUSE,
ANICKADU EAST PO.,
KOTTAYAM -686503
R1 BY SMT. RASHMI K. M.,SENIOR GOVERNMENT PLEADER
R2 BY ADV. K.K.RAZIA
Issues for consideration
2 issues framed by the court
Whether the ex-parte order dismissing the review petition on limitation should be set aside due to lack of service during the pandemic.
Whether the lower authority failed to record satisfaction on service initiation.
Parties & counsel
- petitioner
The Secretary, P.N.P. Memorial Hindu Medical Mission Hospital
- respondent
The Deputy Labour Commissioner, Kottayam
- respondent
Padmakumary K.N.
Coram
Case details
As recorded by the court registry
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