Allowed

Kerala State Homeopathic Corporative Pharmacy Limited v. P. J. Baurleigh

Kerala HC13 Jun 2024WA/486/2024

Case brief

AI extract

What is this about?

In this writ appeal, the Kerala High Court held that a disputed question of fact regarding an employee's period of service for gratuity claims cannot be adjudicated by the court. The order was set aside, and the matter remanded to the controlling authority to decide afresh.

What did the court decide?

The order of the controlling authority directing payment was set aside and the matter remanded to decide afresh.

Kerala State Homeopathic Corporative Pharmacy… — Pension and Retirement Benefits | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

¶5

THE HONOURABLE MR. JUSTICE EASWARAN S.

¶6

THURSDAY, THE 13^TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946

¶7

WA NO. 486 OF 2024

¶8

AGAINST THE JUDGMENT IN WP(C) NO.8192 OF 2024 OF HIGH COURT OF KERALA

¶9

APPELLANT(S)/PETITIONER IN WPC:

¶10

KERALA STATE HOMEOPATHIC CORPORATIVE PHARMACY LIMITED PATHIRAPPALLY P.O., ALAPPUZHA REPRESENTED BY ITS MANAGING DIRECTOR DR. SOBHA CHANDRAN. R, AGED 49 YEARS, W/O AYYAPPAN., PIN - 688521

¶11

BY ADVS. B.J.JOHN PRAKASH P.PRAMEL

¶12

RESPONDENT(S)/RESPONDENTS IN WPC:

¶13

1 P. J. BAURLEIGH PONNUM PURACKAL, THUBOLI P.O., ALAPPUZHA, PIN - 688008

¶14

2 DEPUTY LABOUR COMMISSIONER CONTROLLING AUTHORITY OF PAYMENT OF GRATUITY ACT-1972, KAANKATHU MUKKU, KOLLAM, KERALA, PIN - 691013

¶15

BY ADVS.

¶16

SHERRY J. THOMAS JOEMON ANTONY(K/000484/2017) ANTONY NILTON REMELO(K/465/2019)

¶17

OTHER PRESENT:

¶18

SR GP SRI T K VIPINDAS

¶19

THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 13.06.2024,

¶20

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

WA NO. 486 OF 2024

JUDGMENT

Amit Rawal, J.

The present petition is on behalf of the Management challenging the action of the Controlling authority established under the Payment of Gratuity Act whereby the claim of the respondent, workman / employee qua gratuity for the period May 2000-2007 has been directed to be paid within a time frame.

¶26

Concededly, the petitioner was ex parte before the controlling authority. Respondent, workman has placed on record a material to show that he had rendered 240 days in a year and therefore it would be a farcical exercise in remanding the matter to the concerned authority.

¶27

On the other hand, counsel for the petitioner relied upon the contents of the rejoinder containing the certificate regarding the period of service.

¶28

We are of the view that it is a disputed question of fact and therefore this Court is prevented from adjudicating such dispute, thus set aside the order and relegate the matter to the controlling authority to decide afresh subject to payment of cost of Rs.10,000/- (Rupees ten thousand only) to the first respondent.

¶29

WA NO. 486 OF 2024

¶30

¶31

Controlling authority is directed to expedite the disposal of the same, not later than four (4) months. Writ appeal is allowed in the aforementioned manner.

Sd/-

AMIT RAWAL

JUDGE

Sd/-

sab

EASWARAN S.

JUDGE

WA NO. 486 OF 2024

¶40

¶41

APPENDIX OF WA 486/2024

¶42

PETITIONER EXHIBITS

¶43

Exhibit-P1 TRUE COPY TRANSLATION OF THE ORDER DATED 02.05.2023 IN G. C. NO. 470 OF 2020 ISSUED BY THE DEPUTY LABOUR COMMISSIONER, KOLLAM

¶44

Exhibit-P2 TRUE COPY OF THE ORDER DATED 02.05.2007 ISSUED BY THE HEALTH AND FAMILY WELFARE (J) DEPARTMENT, GOVERNMENT OF KERALA

¶45

Annexure-A TRUE COPY OF THE CERTIFICATE ISSUED BY THE APPLICANT/APPELLANT.

¶46

RESPONDENT EXHIBITS

¶47

Exhibit R1A The true copy of the break certificate which carries the membership ID. number of the 1st Respondent vide Member IdKRKCH00100720000000054

¶48

Exhibit R1B

¶49

The true copy of the pension paper vide receipt No.KR/KCH/200300001192 dated 2605-2020 of the 1st respondent

Kerala State Homeopathic Corporative Pharmacy Limited v. P. J. Baurleigh

Case brief

What is this about?

What did the court decide?

Kerala State Homeopathic Corporative Pharmacy Limited v. P. J. Baurleigh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs Y Amminikutty

Binu G Vs P.M. Hussain

Employees Provident Fund Organistation Vs Kerala Co-Operative Milk Marketing Federation Ltd. (Milma)

D. Aravindan Pillai Vs Principal Accountant General (Audit)

Union of India, Vs G.Abraham

K.Viswanatha Panicker, Vs Principal Commissioner of Income TAX-1