Thursday, 07, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

Travancore Cements Ltd vs Deputy Labour Commissioner
2021 Latest Caselaw 22563 Ker

Citation : 2021 Latest Caselaw 22563 Ker
Judgement Date : 19 November, 2021

Kerala High Court
Travancore Cements Ltd vs Deputy Labour Commissioner on 19 November, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25798 OF 2021
PETITIONER:

          TRAVANCORE CEMENTS LTD.
          NATTAKOM, KOTTAYAM 686 013, REP.BY ITS COMPANY
          SECRETARY MR. SAJI A.J.

          BY ADVS.
          V.ABRAHAM MARKOS
          ABRAHAM JOSEPH MARKOS
          ISAAC THOMAS
          P.G.CHANDAPILLAI ABRAHAM
          ALEXANDER JOSEPH MARKOS
          SHARAD JOSEPH KODANTHARA



RESPONDENTS:

    1     DEPUTY LABOUR COMMISSIONER
          ETTUMANOOR P.O., KOTTAYAM DISTRICT 686 631

    2     SRI. THOMAS EAPEN
          TCL QUARTERS, NATTAKAM P.O., KOTTAYAM 686 013



          SRGP.JUSTIN JACOB




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021,    ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25847 OF 2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                              WP(C) NO. 25825 OF 2021
PETITIONER:

                  THE TRAVANCORE CEMENTS LTD.
                  NATTAKOM, KOTTAYAM-686 013, REPRESENTED BY ITS COMPANY
                  SECRETARY MR. SAJI A.J.

                  BY ADVS.
                  V.ABRAHAM MARKOS
                  ABRAHAM JOSEPH MARKOS
                  ISAAC THOMAS
                  P.G.CHANDAPILLAI ABRAHAM
                  ALEXANDER JOSEPH MARKOS
                  SHARAD JOSEPH KODANTHARA



RESPONDENTS:

       1          DEPURY LABOUR COMMISSIONER
                  ETTUMANOOR P.O.KOTTAYAM DISTRICT-686 631.

       2          SRI JOHN K.K,
                  KODUVAYALIL HOUSE, ERAVUCHIRA P.O.THOTTAKKAD, KOTTAYAM-
                  686 539



                  SMT.SABEENAP.ISMAIL, GP




THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION    ON
19.11.2021,         ALONG   WITH   WP(C)NOS.25798   OF   2021,   25845   OF   2021,
25847 OF 2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25845 OF 2021
PETITIONER:

          TRAVANCORE CEMENTS LTD.
          NATTAKOM, KOTTAYAM-686 013, REPRESENTED BY ITS COMPANY
          SECRETARY MR. SAJI.A.J.

          BY ADVS.
          V.ABRAHAM MARKOS
          ABRAHAM JOSEPH MARKOS
          ISAAC THOMAS
          P.G.CHANDAPILLAI ABRAHAM
          ALEXANDER JOSEPH MARKOS
          SHARAD JOSEPH KODANTHARA



RESPONDENTS:

    1     DEPUTY LABOUR COMMISSIONER
          ETTUMANOOR P.O., KOTTAYAM DISTRICT-686 631

    2     SRI.RAVI.S.K.,
          SATHRATHINKAL VEEDU, PAMPADY P.O., KOTTAYAM-686 502



          ADV.SABEENA P.ISMAIL-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021,    ALONG   WITH   WP(C)NOS.25825   OF   2021,   25798   OF   2021,
25847 OF 2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25847 OF 2021
PETITIONER:

          THE TRAVANCORE CEMENTS LTD.
          NATTAKOM, KOTTAYAM - 686013, REPRESENTED BY ITS COMPANY
          SECRETARY, MR. SAJI A.J.

          BY ADVS.
          V.ABRAHAM MARKOS
          ABRAHAM JOSEPH MARKOS
          ISAAC THOMAS
          P.G.CHANDAPILLAI ABRAHAM
          ALEXANDER JOSEPH MARKOS(K/001270/2018)
          SHARAD JOSEPH KODANTHARA



RESPONDENTS:

    1     DEPUTY LABOUR COMMISSIONER
          ETTUMANOOR P.O, KOTTAYAM DISTRICT - 686631.

    2     SRI. N. RAJAN,
          VADAKKEDATH HOUSE, DEVALOKAM P.O, KOTTAYAM - 686004.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021,    ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25798 OF 2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25851 OF 2021
PETITIONER:

          TRAVANCORE CEMENTS LTD.
          NATTAKOM, KOTTAYAM-686 013, REPRESENTED BY ITS COMPANY
          SECRETARY MR.SAJI.A.J.,

          BY ADVS.
          V.ABRAHAM MARKOS
          ABRAHAM JOSEPH MARKOS
          ISAAC THOMAS
          P.G.CHANDAPILLAI ABRAHAM
          ALEXANDER JOSEPH MARKOS
          SHARAD JOSEPH KODANTHARA



RESPONDENTS:

    1     DEPUTY LABOUR COMMISSIONER,
          ETTUMANOOR P.O., KOTTAYAM DISTRICT-686 631

    2     SRI.SANAL KUMAR.P.,
          PALLIPURAM, FATHIMAPURAM P.O., CHANGANACHERRY-686 102




          SMT.SABEENA P.ISMAIL, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021,    ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25847 OF 2021, 25798 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25854 OF 2021
PETITIONER:

          TRAVANCORE CEMENTS LTD.
          NATTAKOM, KOTTAYAM-686013, REPRESENTED BY ITS COMPANY
          SECRETARY MR.SAJI A J.

          BY ADVS.
          V.ABRAHAM MARKOS
          ABRAHAM JOSEPH MARKOS
          ISAAC THOMAS
          P.G.CHANDAPILLAI ABRAHAM
          ALEXANDER JOSEPH MARKOS
          SHARAD JOSEPH KODANTHARA



RESPONDENTS:

    1     DEPUTY LABOUR COMMISSIONER
          ETTUMANOOR P.O,
          KOTTAYAM DISTRICT-686631.

    2     V M JOHNSON
          CHELAKAPPALLY HOUSE, SANKARAMAL BHAGAM, ETTUMANOOR P.O,
          KOTTAYAM-686631.



          SRGP.SRI.JUSTIN JACOB




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021,    ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25847 OF 2021, 25851 OF 2021, 25798 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25856 OF 2021
PETITIONER:

          THE TRAVANCORE CEMENTS LTD.
          NATTAKOM, KOTTAYAM 686 013 REPRESENTED BY ITS COMPANY
          SECRETARY MR. SAJI A.J

          BY ADVS.
          V.ABRAHAM MARKOS
          ABRAHAM JOSEPH MARKOS
          ISAAC THOMAS
          ALEXANDER JOSEPH MARKOS
          SHARAD JOSEPH KODANTHARA



RESPONDENTS:

    1     DEPUTY LABOUR COMMISSIONER
          ETTUMANOOR P.O, KOTTAYAM DISTRICT 686 631

    2     SUBHASH K.E,
          KANDAPLAKKAL HOUSE, PULIKKAL KAVALA P.O, VAZHOOR,
          KOTTAYAM 686 515




          SRGP.SRI.JUSTIN JACOB




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021,    ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25847 OF 2021, 25851 OF 2021, 25854 OF 2021, 25798 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                             WP(C) NO. 25866 OF 2021
PETITIONER:

              TRAVANCORE CEMENTS LTD.
              NATTAKOM, KOTTAYAM-686013, REPRESENTED BY ITS COMPANY
              SECRETARY MR.SAJI A.J.

              BY ADVS.
              V.ABRAHAM MARKOS
              ABRAHAM JOSEPH MARKOS
              ISAAC THOMAS
              P.G.CHANDAPILLAI ABRAHAM
              ALEXANDER JOSEPH MARKOS
              SHARAD JOSEPH KODANTHARA



RESPONDENTS:

     1        DEPUTY LABOUR COMMISSIONER
              ETTUMANOOR P.O., KOTTAYAM DISTRICT-686631.

     2        SAJIMON E.N.,
              EZHUPATHILCHIRA HOUSE, NATTAKAM P.O., KOTTAYAM-686013.




              SRGP.SRI.JUSTIN JACOB




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
19.11.2021, ALONG WITH WP(C)NOS.25825 OF 2021, 25845 OF 2021, 25847 OF
2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25798 OF 2021,
25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF 2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                           WP(C) NO. 25868 OF 2021
PETITIONERS:

            TRAVANCORE CEMENTS LTD.
            NATTAKOM, KOTTAYAM-686 013, REPRESENTED BY ITS COMPANY
            SECRETARY MR.SAJI.A.J.,

            BY ADVS.
            V.ABRAHAM MARKOS
            ABRAHAM JOSEPH MARKOS
            ISAAC THOMAS
            P.G.CHANDAPILLAI ABRAHAM
            ALEXANDER JOSEPH MARKOS
            SHARAD JOSEPH KODANTHARA



RESPONDENTS:

     1      DEPUTY LABOUR COMMISSIONER
            ETTUMANOOR P.O., KOTTAYAM DISTRICT-686 631

     2      SRI.ABDUL AZEEZ.K.M.,
            KINATINKAL HOUSE, VARAKULAM, KARULAI P.O., NILAMBUR,
            MALAPPURAM DISTRICT-679 330




            SRGP.SRIJUSTIN JACOB




     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
19.11.2021, ALONG WITH WP(C)NOS.25825 OF 2021, 25845 OF 2021, 25847 OF
2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866 OF 2021,
25798 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25951 OF 2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                              WP(C) NO. 25879 OF 2021
PETITIONER:

                  TRAVANCORE CEMENTS LTD.
                  NATTAKOM, KOTTAYAM-686 013, REPRESENTED BY ITS COMPANY
                  SECRETARY MR.SAJI.A.J.

                  BY ADVS.
                  V.ABRAHAM MARKOS
                  ABRAHAM JOSEPH MARKOS
                  ISAAC THOMAS
                  P.G.CHANDAPILLAI ABRAHAM
                  ALEXANDER JOSEPH MARKOS
                  SHARAD JOSEPH KODANTHARA



RESPONDENTS:

       1          DEPUTY LABOUR COMMISSIONER
                  ETTUMANOOR P.O., KOTTAYAM DISTRICT-686 631

       2          SRI.N.SURESH KUMAR,
                  MANKAVIL HOUSE, MARIYAPPALLY P.O., KOTTAYAM,PIN-686 013




                  SMT.SABEENA P.ISMAIL, GP




THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION    ON
19.11.2021,         ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25847 OF 2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25798 OF 2021, 25891 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                              WP(C) NO. 25891 OF 2021
PETITIONER:

                  TRAVANCORE CEMENTS LTD.
                  NATTAKOM, KOTTAYAM-686 013, REPRESENTED BY ITS COMPANY
                  SECRETARY MR. SAJI A.J.

                  BY ADVS.
                  V.ABRAHAM MARKOS
                  ABRAHAM JOSEPH MARKOS
                  ISAAC THOMAS
                  P.G.CHANDAPILLAI ABRAHAM
                  ALEXANDER JOSEPH MARKOS
                  SHARAD JOSEPH KODANTHARA



RESPONDENTS:

       1          DEPUTY LABOUR COMMISSIONER
                  ETTUMANOOR P.O.KOTTAYAM DISTRICT-686 631.

       2          SRI. JOHN CHERIAN,
                  PANACKAL HOUSE, MANGANAM P.O.KOTTAYAM-686 018




                  SMT.SABEENA P.ISMAIL, GP


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION    ON
19.11.2021,         ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25847 OF 2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25798 OF 2021 & 25951 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25951 OF 2021
PETITIONER:

          THE TRAVANCORE CEMENTS LTD.
          NATTAKOM, KOTTAYAM-686013, REPRESENTED BY ITS COMPANY
          SECRETARY MR.SAJI A.J.

          BY ADVS.
          V.ABRAHAM MARKOS
          ABRAHAM JOSEPH MARKOS
          ISAAC THOMAS
          ALEXANDER JOSEPH MARKOS
          SHARAD JOSEPH KODANTHARA



RESPONDENTS:

    1     DEPUTY LABOUR COMMISSIONER
          ETTUMANOOR P.O., KOTTAYAM DISTRICT-686631.

    2     SRI.P.M.JOY,
          PALOOTHANAM HOUSE, BINDU NAGAR, NATTAKAM PO., KOTTAYAM-
          686013.




          SMT.SABEENA P.ISMAIL, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021,    ALONG   WITH   WP(C)NOS.25825   OF   2021,   25845   OF   2021,
25847 OF 2021, 25851 OF 2021, 25854 OF 2021, 25856 OF 2021, 25866
OF 2021, 25868 OF 2021, 25879 OF 2021, 25891 OF 2021 & 25798 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25798 of 2021
and connected cases
                                 13


                  BECHU KURIAN THOMAS, J
                  ------------------------
       W.P.(C)Nos. 25798 of 2021, 25825 of 2021,
    25845 of 2021, 25847 of 2021, 25851 of 2021,
    25854 of 2021, 25856 of 2021, 25866 of 2021,
    25868 of 2021, 25879 of 2021, 25891 of 2021
                           &
                     25951 of 2021
               --------------------------
         Dated this the 19th day of November, 2021


                              JUDGMENT

Petitioner is engaged in the manufacture of cement and

allied products. The challenge in these twelve writ petitions is

against orders issued by the Controlling Authority under the

Payment of Gratuity Act, 1972 (for short 'the Act'). The orders

are produced as Ext.P3 in all these cases.

2. The contention raised by the petitioner while assailing

the order of the Controlling Authority is against the condonation

of delay permitted in the impugned orders. According to the

petitioner, the delay in filing the applications has been condoned,

without sufficient reasons.

3. According to Sri. Alexander Joseph Markos, the learned

Counsel for the respondent, the delay of even the shortest period WP(C) NO. 25798 of 2021 and connected cases

can be condoned, only if sufficient cause is shown and since the

impugned orders do not reflect any such consideration, other than

a passing reference for condoning the delay, the orders are

perverse, warranting interference under Article 226 of the

Constitution of India. The learned counsel relies upon the

decision in Rafeek V. Kamarudeen [2021(4)KLT 520] in support

of his contentions.

4. I have heard Smt. Sabeena P.Ismail, the learned

Government Pleader also.

5. The decision in Rafeek's case (supra), referred to by

the learned Counsel arose under the Kerala Buildings (Lease and

Rent control) Act, 1965 (for short 'the Act') and is on a completely

different context and is hence distinguishable.

6. The Payment of Gratuity Act, 1972 is a benevolent

statute which requires a different interpretation. A perusal of

Section 7(2) of the Act will reveal that gratuity becomes payable

as soon as the employer superannuates or is terminated. The

employer is bound to pay the gratuity, irrespective of whether an

application is preferred by the employee or not. The period of

limitation prescribed by the Rules cannot control the provisions of WP(C) NO. 25798 of 2021 and connected cases

Section 4 or Section 7 of the Act.

7. This Court had, in Kerala State Co-operative Bank

Limited, Thiruvananthapuram V. Court of Deputy Labour

Commissioner, Kozhikode [2021 (1) KLT 466] held that, even

without an application, an employer is bound to quantify and pay

the gratuity. It was observed that:

"9. Section 4 of the Act exposits the obligation upon an employer to pay the gratuity due to an employee on termination of his employment. The quantification and other modalities of the said obligation are specified in S. 7. When S.4 is read along with S.7 of the Act, it is explicit that even without an application made by the employee, the employer is bound to quantify and pay the gratuity on termination of his employment.

10. Payment of gratuity is a statutory obligation and is not made dependent on an application. The Act does not contemplate the payment of gratuity to be dependent on an application by the employee. This is all the more evident from S.7(2) of the Act, which specifies that, as soon as the gratuity becomes payable, the employer shall, whether an application has been made or not, determine the amount of gratuity. Rule 10 cannot control S.4 or S.10(2) of the Act as it is only a subordinate legislation. It is WP(C) NO. 25798 of 2021 and connected cases

elementary that the rules cannot control the terms of a statute. Hence the delay in preferring an application under Rule 10 of the Rules cannot be detrimental to the entitlement of gratuity due to the 2nd respondent."

8. In view of the above, the contention that there was a

delay in filing the application by the employee before the

Controlling Authority and that the delay was condoned without

sufficient cause is not a reason to interfere with the order of the

Controlling Authority, in proceedings under Article 226 of the

Constitution of India.

9. As rightly pointed out by Smt.Sabeena P. Ismail, in

case the petitioner is aggrieved by the order of the Controlling

Authority, an efficacious remedy is available before the Appellate

Authority under Section 7(7) of the Act. No convincing reasons

are stated to avoid preferring the appellate remedy and to invoke

the jurisdiction under Article 226 of the Constitution of India.

10. The learned Counsel for the petitioner vehemently

contended that the bleak financial position of the petitioner

warrants a consideration in the hands of this Court while

appreciating the challenge preferred under Article 226 against the WP(C) NO. 25798 of 2021 and connected cases

order impugned. The financial position of an employer is not a

ground to avoid/delay or interfere with an order passed by the

Controlling Authority under the Payment of Gratuity Act. The Act

being a beneficial piece of legislation, considerations of penury

cannot destroy the fabric of such legislations.

11. In view of the above, the impugned orders are not

susceptible to challenge before this Court under Article 226 of the

Constitution of India.

With the above observations, these writ petitions are

dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE

AJ WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25798/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.3.2021

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.3.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.8.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 22.6.2021 OF THIS HON'BLE COURT, REPORTED IN 2021(4) KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25825/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.3.2021

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.3.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.8.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.6.2021 OF THIS HON'BLE COURT, REPORTED IN 2021 (40 KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25845/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.03.2021

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.03.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.08.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021

Exhibit P5 TRUE COPY OF THE RESPONDENT JUDGMENT DATED 22.06.2021 OF THIS HON'BLE COURT,REPORTED DIN 2021 (4) KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25847/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.03.2021.

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF PETITIONER TILL 31.03.2020.

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.08.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.06.2021 OF THIS HON'BLE COURT, REPORTED IN 2021(4) KLT 520.

WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25851/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.03.2020

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.03.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.08.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.06.2021 OF THIS HON'BLE COURT, REPORTED IN 2021 (4) KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25854/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.03.2021.

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.03.2020.

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.08.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.06.2021 OF THE HON'BLE COURT, REPORTED IN 2021(4) KLT 520.

WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25856/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.3.2021

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.3.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.8.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.6.2021 OF THIS HON'BLE COURT, REPORTED IN 2021 (4) KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25866/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.3.2021.

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.3.2020.

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.8.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.6.2021 OF THIS HON'BLE COURT, REPORTED IN 2021 (4) KLT 520.

WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25868/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.03.2021

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.03.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 22.06.2021 OF HIS HON'BLE COURT, REPORTED IN 2021 (4) KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25879/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.03.2021

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.03.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.08.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.06.2021 OF THIS HON'BLE COURT, REPORTED IN 2021(4) KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25891/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.3.2021

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.3.2020

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.8.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.6.2021 OF THIS HON'BLE COURT, REPORTED IN 2021 (40 KLT 520 WP(C) NO. 25798 of 2021 and connected cases

APPENDIX OF WP(C) 25951/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROFITABILITY STATEMENT OF THE PETITIONER AS ON 31.03.2021.

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING LIABILITY OF THE PETITIONER TILL 31.03.2020.

Exhibit P3 TRUE COPY OF THE ORDER DATED 18.08.2021 OF THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.10.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22.06.2021 OF THIS HON'BLE COURT, REPORTED IN 2021(4) KLT 520.

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : IJJ

 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
Latestlaws Newsletter