Allowed

M/S. Vision Academy v. the Deputy Labour Commissioner

Kerala HC24 Mar 2022WP(C)/2242/2022

Case brief

AI extract

What is this about?

The court allowed a writ petition granting the petitioner management one effective opportunity to lead evidence in Payment of Gratuity Act proceedings. The order imposes the condition that the petitioner must pay a cost of Rs. 5,000 to the workman.

What did the court decide?

Allowed writ petition and granted one effective opportunity to the petitioner management to lead evidence subject to payment of Rs. 5,000 cost to the workman.

M/S. Vision Academy Vs the Deputy Labour… — 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 24^TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944

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WP(C) NO. 2242 OF 2022

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PETITIONER/S:

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M/S. VISION ACADEMY 66 E/5TH FLOOR, GOLDEN PLAZA, INDIRA GANDHI ROAD, CALICUT 673 001 REPRESENTED BY ITS BRANCH HEAD, MR. SANDEEP KUMAR T.K

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BY ADVS. MATHEWS K. UTHUPPACHAN TERRY V.JAMES ABRAHAM KOLLINAL

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RESPONDENT/S:

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1 THE DEPUTY LABOUR COMMISSIONER THE CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT OFFICE OF THE DEPUTY LABOUR COMMISSIONER CIVIL STATION, KOZHIKODE 673 020.

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2 SMT PREETHA JOSE D/O. K.J JOSE, KATTAMKOTTIL HOUSE, KUPPAYAKKODE (PO0 KODENCHERY, KOZHIKODE 673 580

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BY ADV ANUROOPA JAYADEVAN

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OTHER PRESENT:

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SR GP SRI JUSTIN JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2242 OF 2022

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JUDGMENT

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Orders dated 1.11.2021 and 6.12.2021 whereby the evidence of the petitioner Management in a proceedings initiated by the workman under the Payment of Gratuity Act has been closed down and the application filed by the respondent claimant on 25^th of September 2018 before the Controlling authority under the Payment of Gratuity Act has been disallowed to reopen the evidence. Counter statement to the said proceedings was filed by the petitioner Management on 20.3.2019. Respondent workers led their evidence and this was closed on 7.10.2020 and thereafter matter was adjourned to 24.11.2020, 13.01.2021, 03.08.2021, 26.08.2021, 05.10.2021, and then on 1.11.2021 controlling authority closed the evidence. Management evidence once again was adjourned to 06.12.2021 on which it was dismissed by the controlling authority. From the perusal of the proceedings, it appears that the Management had been taking adjournments. Only at one point of time the witness was adduced and cross examined. In between on 20.03.2019 had filed an affidavit with one document to accept the statement. Counsel for the petitioner submits that

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WP(C) NO. 2242 OF 2022

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one opportunity may be given to examine the management witnesses subject to any terms and conditions, which this Hon'ble Court deems fit.

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Without expressing any opinion on the merits of the matter, I allow the writ petition by granting one effective opportunity to the petitioner management to lead evidence in support of their counter statement filed in a proceedings initiated under the Payment of Gratuity Act subject to cost of Rs.5,000/- to be paid to the workman.

sab

Sd/- AMIT RAWAL

JUDGE

WP(C) NO. 2242 OF 2022

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APPENDIX OF WP(C) 2242/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF GRATUITY APPLICATION DATED 25-09-2018 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT
Exhibit P2	TRUE COPY OF COUNTER STATEMENT DATED 20- 03-2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P3	TRUE COPY OF AFFIDAVIT AND PETITION TO RE-OPEN EVIDENCE DATED 27-1-2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P4	TRUE COPY OF PROCEEDINGS IN G.C NO. 49/2018 PENDING BEFORE THE 1ST RESPONDENT WITH ENGLISH TRANSLATION
Exhibit P5	TRUE COPY OF PETITION DATED 6-12-2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT TO RE-OPEN EVIDENCE AND WITNESS LIST DATED 6-12-2021
Exhibit P6	TRUE COPY OF AFFIDAVIT SEEKING ADJOURNMENT DATED 16-12-201 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P7	TRUE COPY OF APPEAL DATED 5-1-2021 FILED BEFORE THE RJLC, KOZHIKODE BY THE PETITIONER.
Exhibit P8	TRUE COPY OF PETITION DATED 6-1-2022 FILED BY THE PETITIONER SEEKING TIME FOR HEARING BEFORE THE 1ST RESPONDENT
Exhibit P9	TRUE COPY OF ORDER DATED 13-1-2022 OF THE RJLC, KOZHIKODE REJECTING EXHIBIT P7 APPEAL OF THE PETITIONER WITH ENGLISH TRANSLATION.

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WP(C) NO. 2242 OF 2022

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RESPONDENT EXHIBITS

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Exhibit R2(a) A TRUE COPY OF NOTICE DATED 11/12/2018. Exhibit R2(b) A TRUE COPY OF THE REJOINDER DATED 06/06/2019. Exhibit R2(c) A TRUE COPY OF PROOF AFFIDAVIT DATED 21/11/2019.

M/S. Vision Academy v. the Deputy Labour Commissioner

Case brief

What is this about?

What did the court decide?

M/S. Vision Academy v. the Deputy Labour Commissioner

Case brief

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