Nadakkal Service Co-Operative ... vs The Regional Joint Labour ...
2023 Latest Caselaw 2077 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 3578 OF 2023
PETITIONER:

            NADAKKAL SERVICE CO-OPERATIVE BANK LTD.NO.1874
            AGED 51 YEARS
            KALLUVATHUKKAL, KOLLAM, REPRESENTED BY THE SECRETARY,
            PIN - 691578

            BY ADV P.C.SASIDHARAN



RESPONDENTS:

    1       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, PIN - 691013

    2       THE DEPUTY LABOUR COMMISSIONER
            KOLLAM (CONTROLLING AUTHORITY) OFFICE OF THE REGIONAL
            JOINT LABOUR COMMISSIONER, KOLLAM, PIN - 691013

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


OTHER PRESENT:

            SHRI. SUNIL KUMAR KURIAKOSE. GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2
WP(C) NO. 3578 OF 2023




                         Sathish Ninan, J.
                  ==============================
                     W.P.(C).No.3578 of 2023
                    ==========================
             Dated this the 3rd day of February, 2023

                               JUDGMENT

Appeal preferred under Section 7(7) of the Payment of

Gratuity Act was rejected for non-compliance with the

mandatory deposit of the gratuity amount ordered.

2. It is to be noticed that, pursuant to the directions

of a Division Bench of this Court in Writ Appeal No.306/2021,

the petitioner had made a fixed deposit for an amount of Rs.10

lakhs to secure the gratuity claim of 3 rd respondent. The fixed

deposit receipt was produced before the Controlling Authority

and is still available. The gratuity amount now ordered by the

Controlling Authority is only Rs.8,12,469/- with interest. The

fixed deposit amount would cover the gratuity amount ordered.

3. In the light of the above, since the amount is

already under deposit, there is no need to insist for a

WP(C) NO. 3578 OF 2023

further deposit. The order rejecting the appeal is liable to

be interfered with.

Accordingly, Exts.P5 and P7 orders of the Appellate

Authority are quashed. The Appellate Authority is directed to

take back the appeal on file and proceed in accordance with

law. The petitioner shall produce a photostat copy of fixed

deposit receipt along with the appeal, when it is being re-

presented. The original fixed deposit receipt shall be

retained by the Controlling Authority.

The writ petition is allowed as above.

Sd/-

Sathish Ninan, Judge rsr

WP(C) NO. 3578 OF 2023

APPENDIX OF WP(C) 3578/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 17/7/2016 DISMISSING THE PETITIONER FROM SERVICE

Exhibit P2 TRUE COPY OF THE JUDGMENT IN W.A.NO. 306/2021 DATED 2/3/2021 OF THE DIVISION BENCH

Exhibit P3 TRUE COPY OF THE ORDER OF THE CONTROLLING AUTHORITY IN GC 367/2016 DATED 1/11/2022

Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE BANK BEFORE THE 1ST RESPONDENT DATED 26/11/2022

Exhibit P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 14/12/2022

Exhibit P6 TRUE COPY OF THE PETITION DATED 26/12/2022 FILED BY THE BANK BEFORE THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 3/1/2023

Exhibit P8 TRUE COPY OF THE PROCEEDINGS DATED 6/1/2019 OF THE MANAGING COMMITTEE FORFEITING THE GRATUITY OF THE 3RD RESPONDENT