Kerala High Court
Kerala Livestock Development Board vs Mohanan Achari P.V on 4 April, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WA NO. 1119 OF 2020
AGAINST THE ORDER IN WP(C) NO.24155 OF 2019 OF HIGH COURT OF
KERALA
APPELLANT/PETITIONER:
KERALA LIVESTOCK DEVELOPMENT BOARD
BULL STATION, DONY FARM, PALAKKAD, REPRESENTED BY ITS
MANAGER (A.H), SRI. ARUN KUMAR P.S.
BY ADVS.
MILLU DANDAPANI
SMT.SUMATHY DANDAPANI (SR.)
RESPONDENTS/RESPONDENTS 1 TO 4:
1 MOHANAN ACHARI P.V
PUTHENPARAMBIL, PALIYEKKARA, THIRUVALLA,
PATHANAMTHITTA-689 101.
2 REGIONAL JOINT LABOUR COMMISSIONER
APPELLATE AUTHORITY UNDER THE GRATUITY ACT 1972, CIVIL
STATION, KAKKANAD, ERNAKULAM-682 030.
3 DEPUTY LABOUR COMMISSIONER
(CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT),
OFFICE OF THE DEPUTY LABOUR COMMISSIONER, THOSHIL
BHAVAN, CIVIL STATION ROAD, PALAKKAD HO, PALAKKAD-678
001.
4 THE DISTRICT COLLECTOR
COLLECTORATE, PALAKKAD-678 001 (R3 AND R4 IMPLEADED AS
PER ORDER IN I.A.2 OF 2020)
OTHER PRESENT:
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 04.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1119 OF 2020
2
JUDGMENT
Amit Rawal, J.
Sri. Mohanan Achari, an employee of the appellant, for non
payment of the gratuity and consideration of the period rendered on
contractual basis and subsequently regularized, invoked the
jurisdiction of the controlling authority established under the
Payment of Gratuity Act against the appellant, management. The
main contention of the employer was that the regularization was from
subsequent date and therefore the gratuity for the contractual period
did not fall in view of the provisions of Section 2A of the Payment of
Gratuity Act.
2. The controlling authority negated the arguments of the
management and rejected the case. However, in appeal the order of
the controlling authority was set aside. It is in that background,
management came before this Court in WP(C) No.24155 of 2019 and
sought the interim stay which was rejected vide order dated
13.8.2020. Present Writ Appeal bearing No.1119 2020 has been
preferred by the management whereby this Court vide order dated
21.8.2020, stayed the operation of the impugned order of the
appellate authority under the Payment of Gratuity Act.
3. We are of the view that in case we decide the writ petition
WA NO. 1119 OF 2020
while sitting in division bench, one of the aggrieved party will lose
the right of the appeal. We thus dispose of the writ appeal relegate
the parties to agitate the issue before the Single Bench in the writ
petition and till such time, the order of this Court passed on
21.8.2020 granting interim stay qua the operation of the impugned
order of the appellate authority shall continue. We are sanguine of
the fact that the concerted efforts would be made by the respective
counsels for seeking the adjudication of the writ petition as
expeditiously as possible.
SD/-
AMIT RAWAL
JUDGE
SD/-
sab EASWARAN S.
JUDGE
