President vs Afthar Sanu P.
2021 Latest Caselaw 2052 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                        WP(C).No.1387 OF 2021(W)


PETITIONER/S:

      1         PRESIDENT,
                KONDOTTY CO-OPERATIVE ARTS AND SCIENCE COLLEGE,
                KONDOTTY.P.O,MALAPPURAM-673638.

      2         SECRETARY,
                KONDOTTY CO-OPERATIVE ARTS AND SCIENCE COLLEGE,
                KONDOTTY.P.O,MALAPPURAM-673638.

                BY ADVS.
                SRI.R.SUDHISH
                SMT.M.MANJU

RESPONDENT/S:

      1         AFTHAR SANU P.,AGED 50 YEARS
                S/O.VEERANKUTTY,PALAKKAL HOUSE,
                KELOTH FIRST MILE,KONDOTTY.P.O,
                MALAPPURAM-673638.

      2         CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY
                ACT 1972/DEPUTY LABOUR COMMISSIONER,
                PALAKKAD,OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
                THOZHIL BHAVAN,CIVIL STATION,PALAKKAD-678011.




                SMT. POOJA SURENDRAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1387 OF 2021                 2



                               JUDGMENT

Dated this the 19th day of January 2021

Heard the learned counsel appearing for the petitioners.

2. The petitioners are challenging Ext.P4 order passed by

the Controlling Authority under the Payment of Gratuity Act, 1972,

determining the amount of gratuity payable to the 1st respondent.

Section 7 of the Payment of Gratuity Act,1972 provides for appeal

challenging order determining the amount of gratuity. In the wake

of availability of alternate remedy of filing an appeal, the writ

petition as framed and filed is not maintainable.

The writ petition is accordingly dismissed, with liberty to the

the petitioners to approach the appellate authority, if they are so

advised.

Sd/-

                                                A.M.BADAR
ajt                                                JUDGE




                            APPENDIX

EXHIBIT P1 - COPY OF THE APPLICATION G.C. NO.19 OF 2017 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE DEPUTY LABOUR COMMISSIONER DATED 2.11.2017

EXHIBIT P2 - COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS IN G.C. NO.19 OF 2017 ON THE FILE OF THE DEPUTY LABOUR COMMISSIONER, PALAKKAD

EXHIBIT P3 - COPY OF THE REJOINDER FILED BY THE 1ST RESPONDENT HEREIN DATED 25.5.2018 IN G.C. NO.19 OF 2017 ON THE FILE OF THE DEPUTY LABOUR COMMISSIONER, PALAKKAD.

EXHIBIT P4 - COPY OF THE ORDER OF THE DEPUTY LABOUR COMMISSIONER DATED 3.12.2019 WITH ENGLISH TRANSLATION

EXHIBIT P5 - COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 AND DEPUTY LABOUR COMMISSIONER, PALAKKAD DATED 4.1.2021 WITH ENGLISH TRANSLATION.