Nadakkal Service Co-Operative ... vs The Deputy Tahsildar (R.R)
2021 Latest Caselaw 5574 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.3922 OF 2021(M)


PETITIONER:

               NADAKKAL SERVICE CO-OPERATIVE BANK LTD.NO.1874
               KALLUVATHUKKAL,KOLLAM-691578,
               REPRESENTED BY ITS SECRETARY.

               BY ADV. SRI.P.C.SASIDHARAN

RESPONDENTS:

      1        THE DEPUTY TAHSILDAR (R.R)
               KOLLAM TALUK,KOLLAM-691001.

      2        THE DEPUTY LABOUR COMISSIONER,
               KOLLAM (CONTROLLING AUTHORITY) OFFICE OF THE REGIONAL
               JOINT LABOUR COMMISSIONER, KOLLAM-691001.

      3        THE REGIONAL JOINT LABOUR COMMISSIONER,
               KOLLAM(APPELLATE AUTHORITY UNDER SECTION 7(7)OF THE
               PAYMENT OF GRATUITY ACT,1972),OFFICE OF THE REGIONAL
               JOINT LABOUR COMMISSIONER,KOLLAM-691001.

      4        PRADEEPAN ASAN.C,
               ANUGRAHA,EDAVATTOM,CHIRAKKARA.P.O,
               KOLLAM-691578.


OTHER PRESENT:

               SMT. POOJA SURENDRAN, GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3922/2021                  2


                               JUDGMENT

Dated this the 16th day of February 2021

Heard learned counsel for the petitioner as well as the

learned Government Pleader appearing for respondents 1 to 3.

2. As limited relief is claimed during the course of the

argument by the learned counsel for the petitioner, it is not

necessary to issue notice of this writ petition to the

4th respondent.

3. The Controlling Authority under the Payment of Gratuity

Act has determined the gratuity payable to the 4 th respondent.

The petitioner has applied for review of that order and the

Controlling Authority has rejected the review petition. This Court,

in a writ petition challenging those orders, had permitted the

petitioner to approach the Appellate Authority. That is how the

appeal came to be filed by the petitioner under Section 7(7) of the

Payment of Gratuity Act which is reportedly pending consideration

before the 3rd respondent. The grievance of the petitioner is to

the effect that though appeal along with stay petition is pending

before the 3rd respondent, the 1st respondent has started recovery

in pursuant to the order of the Controlling Authority under the

Payment of Gratuity Act, Ext.P1.

4. Learned counsel for the petitioner submitted that

recovery proceedings as per Ext.P6 initiated by the 1 st respondent

may be stayed for ten days in order to enable the petitioner to

press their appeal as well as stay petition before the

3rd respondent.

5. Learned Government Pleader opposed the writ petition.

6. Considering the limited prayer made by the petitioner and

as the statutory appeal is pending before the 3 rd respondent, I

deem it fit to dispose of the writ petition with the following

directions:

The 3rd respondent is directed to decide the stay petition filed

by the petitioner in appeal under Section 7(7) of the Payment of

Gratuity Act within a period of four weeks from the date of

communication of this judgment and till that time the

1st respondent should keep the recovery proceedings commenced

by Ext.P6 in abeyance. The petitioner shall co-operate the

3rd respondent in disposing the stay petition. The parties to act on

authenticated copy of this judgment.

Sd/-

A.M.BADAR

JUDGE smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER G.C.NO.367/2016 DATED 09/05/2017

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27/10/2017 IN G.C.NO.367/2016.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

2144/2020 DATED 13/10/2020.

EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 03/02/2021

EXHIBIT P5 TRUE COPY OF THE STAY PETITION DATED 30/01/2021

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 27/01/2021

EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 03/02/2021.

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp