P.M.Kunju Muhammed vs Kerala State Bamboo Corporation
2021 Latest Caselaw 2804 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                        WP(C).No.504 OF 2021(K)


PETITIONER/S:

      1         P.M.KUNJU MUHAMMED, PARAYAMPARAMPIL HOUSE,
                THANTHANISSERY, U.C.COLLEGE P.O, ALUVA,
                ERNAKULAM DISTRICT - 683502,
                (DRIVER, KERALA STATE BAMBOO CORPORATION LTD, RETIRED
                ON 31.05.2018)

      2         SICILY SIMON, KALATHIPPARAMPIL HOUSE, THURAVOOR P.O,
                ANGAMALY, ERNAKULAM DISTRICT - 683572,
                DEPOT FIELD ASSISTANT, KERALA STATE BAMBOO
                CORPORATION LTD, RETIRED ON 31.01.2018)

      3         K.V. GEORGEKUTTY,KURISSUMOOTTIL, KALADY P.O, MATTOOR,
                ERNAKULAM DISTRICT - 683574,
                (BUNDING SUPERVISOR, KERALA STATE BAMBOO CORPORATION
                LTD, RETIRED ON 31.3.2018.

      4         K. GEETHA DEVI, KAKKATTU HOUSE, CHENDAMANGALAM P.O,
                NORTH PARAVOOR, ERNAKULAM DISTRICT - 683512,
                (HELPER,KERALA STATE BAMBOO CORPORATION LTD, R
                ETIRED ON 31.3.2018.)

                BY ADV. SHRI.N.SASIDHARAN UNNITHAN

RESPONDENT/S:

      1         KERALA STATE BAMBOO CORPORATION
                REPRESENTED BY THE MANAGING DIRECTOR,
                ANGAMALY SOUTH, ERNAKULAM DISTRICT - 683572.

      2         GRATUITY CONTROLLING AUTHORITY
                (DEPUTY LABOUR COMMISSIONER), CIVIL STATION,
                KAKKANAD, ERNAKULAM - 691013,

      3         DEPUTY COLLECTOR (REVENUE RECOVERY)
                CIVIL STATION, KAKKANAD, ERNAKULAM - 691013.

      4         VILLAGE OFFICER,ANGAMALY VILLAGE,
                 MINI CIVIL STATION, ANGAMALY, ERNAKULAM - 683572.
 WP(C).No.504 OF 2021           2



      5      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT
             INDUSTRIES(K)DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM - 695001.

             R1 BY ADV. SMT.LATHA ANAND



             R1 - SMT.LATHA ANAND
             R2 TO 5 - SMT POOJA SURENDRAN,GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.504 OF 2021               3



                             JUDGMENT

Dated this the 25th day of January 2021

Heard all parties.

2. Petitioners who are retired employees of 1 st respondent

Corporation were entitled for gratuity at the time of their retirement

and they have approached the Controlling Authority under the

Payment of Gratuity Act,1972 (hereinafter referred to as 'the PG

Act'), by raising claims for unpaid gratuity against the 1 st

respondent. Ultimately, the Controlling Authority under the PG Act

had allowed the claims for gratuity made by the petitioners and

directed the 1st respondent to pay the amount of gratuity with

interest within a period of 30 days. Because of non-compliance of

these orders (Exts.P1 to P4), petitioners approached the respondent

State authority for recovery of the amount due and payable under

orders at Exts.P1 to P4. It is the grievance of the petitioners that

the 3rd respondent is delaying Ext.P6 recovery proceedings and

hence this petition.

3. Learned counsel appearing for the petitioner argued that

petitioners have crossed 60 years of age and they are suffering

from various ailments. According to the learned counsel appearing

for the petitioners, he is only pressing the petition so far as prayer

clause (ii) for directing the 3rd respondent to expedite and decide

revenue recovery proceedings in a time bound frame.

4. Learned Government Pleader appearing for respondent

Nos. 2 to 5 submitted that revenue recovery proceedings at Ext.P6

shall be decided expeditiously and in any case, within a period of

three months from the date of this order.

5. As against this, the learned Standing Counsel appearing

for the 1st respondent argued that the 1 st is the Government owned

Corporation and it has issued cheque for Rs.5,00,000/- (Rupees five

lakhs only) which came to be refused by the petitioners. Learned

Standing Counsel appearing for the 1st respondent argued that the

1st respondent wants six months time to clear all dues of the

petitioners. Learned counsel appearing for the 1 st respondent

ventured into the legality and correctness of the order passed by

the Controlling Authority under the PG Act and submitted that the

orders directing payment of gratuity are not according to the

provisions of law.

6. After hearing the parties, I am of the considered opinion

that legality or otherwise of the order of the Controlling Authority

under the PG Act cannot be examined in this petition. Undisputedly,

revenue recovery proceedings are initiated for enforcement of the

orders passed by the Controlling Authority under the PG Act. The

petitioners are retired employees of the 1 st respondent who is

supposed to be the model employer being a Corporation run by the

State. It cannot evade its liability by avoiding payment of statutory

dues under welfare legislation.

7. In this view of the matter and accepting the statement

made by the learned Government Pleader, the 3 rd respondent is

directed to expedite the revenue recovery proceedings initiated in

pursuant to orders at Exts.P1 to P4 and to conclude the same, in

any case, within a period of three months from the date of this

judgment.

The writ petition is accordingly disposed of.

Sd/-

                                              A.M.BADAR
ajt                                             JUDGE





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE ORDER DATED 22.5.2019 OF
                       THE 2ND RESPONDENT IN RESPECT OF THE 1ST
                       PETITIONER.

EXHIBIT P2             TRUE COPY OF THE ORDER DATED 22.5.2019 OF
                       THE 2ND RESPONDENT IN RESPECT OF THE 2ND
                       PETITIONER.

EXHIBIT P3             TRUE COPY OF THE ORDER DATED 22.5.2019 OF
                       THE 2ND RESPONDENT IN RESPECT OF THE 3RD
                       PETITIONER.

EXHIBIT P4             TRUE COPY OF THE ORDER DATED 22.5.2019 OF
                       THE 2ND RESPONDENT IN RESPECT OF THE 4TH
                       PETITIONER.

EXHIBIT P5             TRUE COPY OF THE APPLICATION DATED 7.1.2020
                       OF THE PETITIONERS FILED BEFORE THE 2ND
                       RESPONDENT.

EXHIBIT P6             TRUE COPY OF THE CERTIFICATES FOR RECOVERY

DATED 22.12.2020 DIGITALLY SIGNED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE GOVERNMENT LETTER NO.K1/302/2020/INDUSTRIES DATED 11.11.2020 OF THE 5TH RESPONDENT.