Writ petition against an order enhancing gratuity liability denied maintenance of writ. Court held statutory remedies exist and no error found in the Controller's order.
Writ petition dismissed; PETITIONER TO EXHAUST STATUTORY REMEDY.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 2NDDAY OF MARCH 2023 / 11TH PHALGUNA,1944
WP(C) NO. 4117 OF 2023
PETITIONER/S:
FORCE INDIA MANAGEMENT SERVICES & SECURITIES,
AGED 51 YEARS
TC/26/1696, MANGALASSERI PRA-T-27,
UNNIS LANE, BEHIND GPO,
PULIMMOODU, THIRUVANANTHAPURAM
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695001
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENT/S:
1 THE LABOUR COMMISSIONER, THOZHIL BHAVAN, LABOUR COMPLEX, PALAYAM, THIRUVANANTHAPURAM, PIN - 6950332 DEPUTY CHIEF LABOUR COMMISSIONER (CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972) CIVIL STATION, KAKKANAD, KOCHI-, PIN - 6820303THE MANAGING DIRECTOR
KERALA BEVERAGES CORPORATION,,
T.B.NO.2263/, SASTHAKRIPA OFFICE COMPLEX,
SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010
4 THOMAS P.C, PAREKKATTU HOUSE, MALA PO, PALLIPURAM, THRISSUR DISTRICT, PIN - 680732SRI.T.R.RENJITH,G.P. SRI.NAVEEN.T., SC
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON02.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
WP(C) NO. 4117 OF 2023
2
JUDGMENT
The petitioner herein is the respondent in G.C. No. 153/2020 on the file of the Controlling Authority under the Payment of Gratuity Act. The party respondent herein, contending that he is an employee and was terminated from service on 11.06.2020, after completion of eight years, nine months, and twenty-nine days of service, filed a petition under Section 7 of the Payment of Gratuity Act, 1972. Notice was issued to the petitioner herein. He entered appearance and filed a written objection, as is evident from Ext. P3 on 16.10.2021. Thereafter, the controlling Authority, after considering the contentions of the workmen, the opposite party, and after taking the evidence let in by the workmen, passed an order holding that the workmen had continuous service for the period from 09.08.2011 to 10.06.2020 and that the last drawn salary was Rs. 16,950/-. After having to hold so, the petitioner was ordered to pay the gratuity amounting to Rs. 88,010/- with lawful interest by order dated 23.12.2022. The said order is under challenge in this writ petition.
WP(C) NO. 4117 OF 2023
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drawn wage was much less than 16,950/- as found by the Controlling Authority. It is further submitted that no ample opportunity was granted to the petitioner to cross-examine the workmen, and he was not also afforded an opportunity to adduce evidence. It is submitted that the procedure contemplated under Section 7(5) of the Act was also not followed.
not yet over. It is in order to bypass the statutory mandate to deposit the amount equal to the gratuity amount that the petitioner has approached this Court and has ventured to file a writ petition under Article 226 of the Constitution of India. It is also submitted that filing this writ petition is a clear abuse of the process of law.
WP(C) NO. 4117 OF 2023
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correct. Without properly contesting the matter before the Controlling Authority, it would not be open to the petitioner to raise such untenable contentions before this Court. Having considered the entire records, I find no reason to take a different view from that of the controlling authority. I find no error or perversity in the orders impugned. It appears that the only intention of the petitioner is to protract the matter and to deny the workman the benefit to which they are statutorily entitled. If so advised, the petitioner may approach the Appellate Authority and exhaust his statutory remedy.
This writ petition is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
avs
WP(C) NO. 4117 OF 2023
5
APPENDIX OF WP(C) 4117/2023
PETITIONER EXHIBITS
Exhibit1 |
TRUE COPY OF THE AGREEMENT DATED 16-7-2012,EXECUTED BETWEEN KSBCL AND THE PETITIONER |
|---|---|
Exhibit P2 |
TRUE COPY OF THE APPLICATION IN FORM NO.N DATED29-12-2020 WITH AN AFFIDAVIT FILED BY THE 4THRESPONDENT |
Exhibit P3 |
TRUE COPY OF THE WRITTEN OBJECTION OF THEPETITIONER IN GC 153/2020 DATED 16-10-2021 |
Exhibi P4 |
TRUE COPY OF THE WAGE SLIP IN RESPECT OF THE 4THRESPONDENT (APPLICANT) FOR THE MONTH OF JUNE, 2020 |
Exhibit P5 |
EXHIBIT.P5:- TRUE COPY OF THE WAGE SLIP FOR THEMONTH OF APRIL, 2020 IN RESPECT OF THE 4THRESPONDENT |
Exhibit P6 |
TRUE COPY OF THE ORDER IN GC NO.153/2020 DATED23-12-2022 |
Exhibit P7 |
TRUE COPY OF THE NOTICE DATED 23-12-2022 OF THECONTROLLING AUTHORITY |
2 issues framed by the court
Whether the writ petition is maintainable and prima facie attracted to scrutiny when statutory remedies are available.
Whether the impugned order of the Controlling Authority under the Payment of Gratuity Act suffers from any error or perversity.
4 provisions across 2 enactments
FORCE INDIA MANAGEMENT SERVICES & SECURITIES
THE LABOUR COMMISSIONER
DEPUTY CHIEF LABOUR COMMISSIONER
THE MANAGING DIRECTOR KERALA BEVERAGES CORPORATION
THOMAS P.C
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court