Remanded

Kerala State Financial Corporation Ltd.,(Corrected) v. Smt. Margarat Antony

Kerala HC7 Jul 2022WP(C)/18388/2022

Case brief

AI extract

What is this about?

Writ petition challenging the dismissal of an appeal under the Payment of Gratuity Act. The court held that since the Supreme Court had condensed the limitation period, the appellant authority erred in dismissing the appeal summarily and remanded it for decision on merits.

What did the court decide?

Set aside the order dismissing the appeal and remanded matter to the Appellate Authority to decide on merits.

Kerala State Financial Corporation… — Pension and Retirement Benefits | Kerala HC (2022)

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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 AMIT RAWAL

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THURSDAY, THE 7^TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

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WP(C) NO. 18388 OF 2022

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PETITIONER:

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KERALA STATE FINANCIAL CORPORATION LTD.,(CORRECTED)
CORPORATE OFFICE, BHADRATHA, MUSEUM ROAD, P.B. NO. 572,
THRISSUR 680 020- REPRESENTED BY ITS MANAGING DIRECTOR,
[CORRECTED] (KERALA STATE FINANCIAL ENTERPRISES LIMITED,
CORPORATE OFFICE, BHADRATHA, MUSEUM ROAD, P.B.NO.572,
THRISSUR 680 020, REPRESENTED BY ITS MANAGING DIRECTOR.
ADDRESS OF PETITIONER IN CAUSE TITLE IS CORRECTED AS PER ORDER
DATED 09.06.2022 IN I.A.1/2022 IN WP(C)18388/2022.)

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BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN

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RESPONDENTS:

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1 SMT. MARGARAT ANTONY CHATHATHIL, T.C. 14/1332/1, OBRA-D 100, PALAYAM, THYCAUD P.O, TRIVANDRUM 695 014.

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2 THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 (DEPUTY LABOUR COMMISSIONER & SECRETARY STATE ADVISORY CONTRACT LABOUR BOARD), TRIVANDRUM

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3 THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 (REGIONAL JOINT LABOUR COMMISSIONER), KOLLAM. 691 013.

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BY ADVS.
A.K.PREETHA
ANIL NARAYANAN

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SR GP SMT RASHMI K M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 18388 OF 2022

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JUDGMENT

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Challenge has been laid to the order dated 25.02.2022 Ext.P9 whereby G.A.15/2020 dated 30.12.2021 preferred against the order of the Deputy Labour Commissioner, Thiruvananthapuram dated 28.02.2020 has been dismissed being barred by limitation. Petitioner is Kerala State Financial Enterprise Limited, a Government undertaking. Respondent Manager Grade IV had filed an application for payment of the gratuity, the same was allowed by the Labour Officer. It is contended that the limitation to file the appeal as per Section 7(7) of the Payment of Gratuity Act is 60 days from the date of receipt of the order and if prevented by sufficient cause within another period of 60 days.

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Learned counsel for the petitioner submits that the period from 15.03.2020 till 28.02.2022 the limitation was ordered to be condoned by the order of the Supreme Court. Thus, the authority ought not have been rejected the appeal in a summary manner.

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Learned counsel for the respondent do not deny the order of

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WP(C) NO. 18388 OF 2022

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the Supreme Court regarding condoning the limitation in fact

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expired during the period referred to above. Since the limitation period had already been condoned by the order of the Supreme Court the strict provisions of the limitation tried under Section 7(7) ought not to have been taken into consideration for summarily dismissing the appeal. Accordingly, the impugned order is set aside, matter is remitted back to Appellate Authority to decide on merits in accordance with law.

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AMIT RAWAL JUDGE

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nak

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WP(C) NO. 18388 OF 2022

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APPENDIX OF WP(C) 18388/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE APPLICATION FOR GRATUITY
DATED 29.11.2018.
Exhibit P2TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 14.05.2019 IN G.C. NO.
446/2018.
Exhibit P3TRUE COPY OF THE ORDER IN G.C. NO.
446/2018 OF THE 2ND RESPONDENT DATED
28.2.2020.
Exhibit P4TRUE COPY OF THE APPEAL MEMORANDUM NO.
DATED 23.09.2020.
Exhibit P5TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 30.12.2021 ALONG WITH
ENGLISH TRANSLATION.
Exhibit P6TRUE COPY OF THE JUDGMENT OF THE HON'BLE
SUPREME COURT DATED 23.09.2021.
Exhibit P7TRUE COPY OF THE JUDGMENT OF THE HON'BLE
SUPREME COURT DATED 10.01.2022.
Exhibit P8TRUE COPY OF THE APPEAL MEMORANDUM DATED
07.02.2022.
Exhibit P9TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT NO. 224/2022 DATED 25.02.2022
WHICH WAS RECEIVED BY THE PETITIONER ON
05.03.2022 ALONG WITH ENGLISH
TRANSLATION.

Kerala State Financial Corporation Ltd.,(Corrected) v. Smt. Margarat Antony

Case brief

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Kerala State Financial Corporation Ltd.,(Corrected) v. Smt. Margarat Antony

Case brief

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