T Annamma vs Santhosh Koshy Thomas
2023 Latest Caselaw 4215 Ker

Con.Case(C) No.980/2022                     1/4

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                            THE HONOURABLE MR.JUSTICE N.NAGARESH
                 Friday, the 31st day of March 2023 / 10th Chaithra, 1945
                 CONTEMPT CASE(C) NO. 980 OF 2022(S) IN WP(C) 16332/2021

   PETITIONER/PETITIONER IN WPC:


           T ANNAMMA, W/O SUNNY JOHN, RESIDING AT TC NO.16/387, THANUPARAMBIL,
           CHRIST'S NIVAS, THYCAD P.O, THIRUVANATHAPURAM - 14

         BY ADVS.M/S.AYSHA YOUSEFF,MOLLY JACOB,

   RESPONDENT/2ND RESPONDENT IN WPC:


           SANTHOSH KOSHY THOMAS, MANAGING DIRECTOR, KERALA SMALL INDUSTRIES
           DEVELOPMENT CORPORATION, HOUSING BOARD BUILDING, SHANTHI NAGAR,
           TRIVANDRUM - 695001

         BY SRI.G.BIJU, STANDING COUNSEL

        This Contempt of court case (civil) having come up for orders on
   31.03.2023, the court on the same day passed the following:

                                                                     P.T.O
 Con.Case(C) No.980/2022                           2/4




                                         N.NAGARESH, J.
                              ------------------------------------------------
                                Con.Case (C) No.980 of 2022
                            -------------------------------------------------
                           Dated this the 31st day of March, 2023


                                              ORDER

By judgment dated 26.10.2021, this Court directed the

respondents to finalise the gratuity amount payable to the

petitioner. A further direction was given that the amount of

gratuity calculated should be paid along with statutory interest.

2. The petitioner states that as per Annexure-X, the

petitioner is entitled to get interest at the rate of 10%, whereas

the respondent has paid interest only at the rate of 6.1%.

Annexure-XIV would show that the respondent has paid 10%

interest on gratuity to another employee. No explanation is

forthcoming in this regard.

Post on 29.05.2023, on which date, the respondent shall

file a report of compliance in the matter of payment of interest, Con.Case(C) No.980/2022 3/4

Con.Case (C) No.980 of 2022

failing which the respondent shall appear in person before

this Court.

sd/-

                                                      N.NAGARESH
                                                         JUDGE
           hmh




31-03-2023                        /True Copy/                   Assistant Registrar
 Con.Case(C) No.980/2022                     4/4

APPENDIX OF CON.CASE(C) 980/2022 Annexure X PHOTO COPY OF THE NOTIFICATION OF MINISTRY OF LABOUR DATED 1.10.1987 IN GAZETTE OF INDIA EXTRA ORDINARY PART II Annexure XIV TRUE COPY OF THE NOTICE DATED 30.1.2020 FOR PAYMENT OF GRATUITY ISSUED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT TO THE MANAGING DIRECTOR OF SIDCO

31-03-2023 /True Copy/ Assistant Registrar