Kerala High Court
Dakshayani P.S. vs Kerala Khadi And Village ... on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WP(C).No.6866 OF 2021(G)
PETITIONER/S:
1 DAKSHAYANI P.S.,AGED 67 YEARS
RETIRED SPINNING/WEAVING INSTRUCTOR,
W/O P.R.VIJAYAN, VIPRADESAM DEVI NAGAR,
KOTTATHODI, KODUVAYUR-678501.
2 P.P. MOHAN BABU,AGED 64 YEARS
RTD. SPINNING/WEAVING INSTRUCTOR,
S/O A.KELAPPAN, SRE SABARI HOUSE, KANNIYAMPADAM,
CHITTUR P.O, PALAKKAD-678013.
3 P. RAMACHANDRAN,AGED 68 YEARS
RTD. SPINNING / WEAVING INSTRUCTOR,
PAROTTIL HOUSE, SREEKRISHNAPURAM POST,
PALAKKAD-679513.
4 SANKARANARAYANAN.A,AGED 65 YEARS
RTD SPINNING / WEAVING INSTRUCTOR,
ARIYANADATH HOUSE, KADAMBAZHIPURAM POST,
PALAKKAD-678633.
5 T. RATNAMANY,AGED 63 YEARS
RTD SPINNING / WEAVING INSTRUCTOR,
W/O KANNAN, VADAKKETHIL HOUSE,
ANJUMOORTHY MANGALAM POST, PALAKKAD-678682.
6 V. DEVI,AGED 68 YEARS
RTD SPINNING / WEAVING INSTRUCTOR,
W/O LATE K. GOVINDANKUTTY, SONU COTTAGE,
SASTHA NAGAR, AKATHETHARA POST-678008.
7 SYAMALA P,AGED 64 YEARS
RTD SPINNING / WEAVING INSTRUCTOR,
W/O VELAYUDHAN T.K, TALAKKULATH KATTIL HOUSE,
PARIYAPURAM POST, PALAKKAD-678001.
8 M.B.KUNJUMMA,AGED 70 YEARS
RTD SPINNING / WEAVING INSTRUCTOR,
W/O P.V.MATHEW, PAMPAPPALAM POST, PALAKKAD-678625.
9 M SUNDARAN, AGED 60 YEARS
RTD SPINNING / WEAVING INSTRUCTOR,
S/O AYYAPPANKUTTY, MUNDANKUZHIYIL HOUSE,
WP(C).No.6866 OF 2021 2
PULISSERY POST, MANNARKKAD, PALAKKAD-678582.
10 R. KRISHNA MOORTHY,AGED 59 YEARS
RTD LOOM INSTRUCTOR, S/O RAMASWAMI MUTHAYIAR,
THOTTUMPULLI, THENUR POST, PALAKKAD-678622.
11 REEJA, AGED 33 YEARS, D/O LEELA.K (LATE),
CHANDRA NIVAS, 8 MAIL KAVUPARAMBIL, THENUR POST,
PALAKKAD-678617.
BY ADVS.
SRI.K.P.BALAGOPAL
SRI.M.P.PRABHAKARAN (PALAKKAD)
RESPONDENT/S:
1 KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
VANCHIYUR, THIRUVANANTHAPURAM-695035,
REPRESENTED BY ITS SECRETARY.
2 THE PROJECT OFFICER,
KERALA KHADI VILLAGE INDUSTRIES OFFICER,
PALAKKAD-678001.
OTHER PRESENT:
SRI. N. RAJAGOPALAN NAIR- STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6866 OF 2021 3
JUDGMENT
Dated this the 17th day of March 2021
Heard both sides.
2. Learned counsel appearing for the petitioners submits
that the orders passed by the Controlling Authority under the
Payment of Gratuity Act, 1972 (hereinafter referred to as 'the PG
Act') are correct orders assessing the gratuity and directing the
respondents to pay the same. However, the respondents are not
paying the gratuity determined by the Controlling Authority under
the PG Act, 1972. He therefore submits that this Court may issue a
writ of mandamus directing the respondents to pay gratuity to the
petitioners.
3. Learned counsel for the petitioner drew my attention to
the judgment at Ext.P15 .
4. I have considered the submissions so advanced and
perused the materials placed before me.
5. Undisputedly, the petitioners had applied for
determination of gratuity payable to them considering their
previous service and that is how vide orders at Exts.P1 to P9, the
Controlling Authority under the PG Act had determined the amount
of gratuity.
6. It is seen that respondents did not pay gratuity to the
petitioners despite the fact that the Controlling Authority under the
PG Act had determined the amount of gratuity. The Payment of
Gratuity Act, 1972 is a complete Code and it provides the mode for
recovery of gratuity determined by the Controlling Authority under
the PG Act. Section of the said Act reads thus:-
''8. Recovery of gratuity - If the amount of gratuity payable
under this Act is not paid by the employer, within the prescribed
time, to the person entitled thereto, the controlling authority shall,
on an application made to it in this behalf by the aggrieved person,
issue a certificate for that amount to the Collector who shall recover
the same, together with compound interest thereon [at such rate as
the Central Government may, by notification, specify], from the date
of expiry of the prescribed time, as arrears of land revenue and pay
the same to the person entitled thereto:
Provided that the controlling authority shall, before issuing a
certificate under this section, give the employer a reasonable
opportunity of showing cause against the issue of such certificate;
Provided further that the amount of interest payable under this
section shall, in no case exceed the amount of gratuity payable under
this Act.''
In this view of the matter, the petitioners are entitled to get the
orders passed by the Controlling Authority under the PG Act
executed by obtaining a certificate from the Collector. In addition,
the petitioners are also entitled for compound interest thereon.
The recovery is to be effected as per arrears of land revenue.
7. Thus the petitioners have alternative and most
efficacious as well as beneficial remedy provided for by the
Statute. In addition to the amount determined by the Controlling
Authority under the PG Act, the petitioners are also entitled for
compound interest because of delay on the part of the respondents
in payment of the same.
In this view of the matter, the petition as framed and filed is
not maintainable and the same is accordingly dismissed.
Sd/-
A.M.BADAR
ajt JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER BEARING G.C.NO.
16/2015 DATED 16/08/2016 PASSED IN FAVOUR
OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER BEARING G.C.NO.
17/2015 DATED 28/07/2016 PASSED IN FAVOUR
OF THE MOTHER OF THE 11TH PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER BEARING G.C.NO.
18/2015 DATED 28/07/2016 PASSED IN FAVOUR
OF THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ORDER BEARING G.C.NO.
19/2015 DATED 28/07/2016 PASSED IN FAVOUR
OF THE 3RD PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ORDER BEARING G.C.NO.
20/2015 DATED 28/07/2016 PASSED IN FAVOUR
OF THE 4TH PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER BEARING G.C.NO.
24/2015 DATED 16/08/2016 PASSED IN FAVOUR
OF THE 5TH PETITIONER.
EXHIBIT P7 TRUE COPY OF THE ORDER BEARING G.C.NO.
25/2015 DATED 16/08/2016 PASSED IN FAVOUR
OF THE 6TH PETITIONER.
EXHIBIT P8 TRUE COPY OF THE ORDER BEARING G.C.NO.
26/2015 DATED 16/08/2016 PASSED IN FAVOUR
OF THE 7TH PETITIONER.
EXHIBIT P9 TRUE COPY OF THE ORDER BEARING G.C.NO.
27/2015 DATED 16/08/2016 PASSED IN FAVOUR
OF THE 8TH PETITIONER.
EXHIBIT P10 TRUE COPY OF THE DEATH CERTIFICATE
REGISTRATION NO 4222/20 DATED 4/12/2020 OF
THE MOTHER OF THE 11TH PETITIONER.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
28/06/2016 SUBMITTED BY THE 3RD PETITIONER
BEFORE THE 1ST RESPONDENT ALONG WITH
ENGLISH TRANSLATION.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
10/10/2016 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT ALONG WITH
ENGLISH TRANSLATION.
EXHIBIT P13 - TRUE COPY OF THE ABOVE MENTIONED COMMUNICATION NO.
KB 3916/2020 DATED 17/12/2020 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P14 - TRUE COPY OF THE 2ND REMINDER REPRESENTATION DATED
4.1.2021 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P15 - TRUE COPY OF THE JUDGMENT DATED 29/10/2018 OF THIS
HON'BLE COURT IN GEETHA P.S. AND OTHERS VS. DIRECTOR OF KERALA
KHADI AND VILLAGE INDUSTRIES BOARD IN WPC NO. 22960/2017.
