Kerala High Court
Sree Gokulam Public School vs State Of Kerala on 15 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No.5798/2024 1/4 Order Date : 15-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 15th day of February 2024 / 26th Magha, 1945
WP(C) NO. 5798 OF 2024
PETITIONER:
SREE GOKULAM PUBLIC SCHOOL, AGED 55 YEARS, PAZHUVIL P.O, THRIPRAYAR,
THRISSUR, REPRESENTED BY ITS ADMINISTRATOR, SREEJA, W/O. K.N
CHANDRABOSE, KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR, PIN -
68056.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR
COMMISSIONERATE, THOZHIL BHAVAN, LABOUR COMPLEX, THIRUVANANTHAPURAM,
PIN - 695033.
2. DEPUTY LABOUR COMMISSIONER, OFFICE OF THE DEPUTY LABOUR
COMMISSIONER, CORPORATION BUILDING, UDAYA NAGAR, CHEMBUKKAV,
THRISSUR, KERALA, PIN - 680005.
3. SHEELA K.B, W/O. CHANDRAN, MANNAMTHINDIYIL HOUSE, KIZHAKKUMMURI P.O,
PERINGOTTUKARA, THRISSUR , PIN - 680571.
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit P7 order pending disposal of this
Writ Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.V.G.ARUN, V.JAYA RAGI, R.HARIKRISHNAN (KAMBISSERIL) & NEERAJ NARAYAN,
Advocates for the petitioner, the court passed the following:
WP(C) No.5798/2024 2/4 Order Date : 15-02-2024
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) Nos.5754, 5791, 5798, 5815, 5839, 5858
& 5938 of 2024
-------------------------------------------
Dated this the 15th day of February 2024
ORDER
Issue notice to the 3rd respondent in all these cases. The learned
Government Pleader shall take notice for respondents 1 and 2.
2. Sri.V.G Arun, the learned counsel appearing for the petitioner
asserts that eight separate applications were filed by workmen under
Section 7 of the Payment of Gratuity Act, 1972. He submits that the
Controlling Authority has permitted the petitioner to cross-examine only
the workman in GC No.91/2023. It is submitted that the opportunity of
being heard also includes the right of cross-examination. The learned
counsel undertakes to place on record a copy of the deposition of
witnesses to substantiate his contention. According to the petitioner, as
the procedure adopted by the Controlling Authority is illegal and the
WP(C) No.5798/2024 3/4 Order Date : 15-02-2024
W.P.(C).5754 of 2024 & connected cases
principles of natural justice, the petitioner may not driven to the
Appellate Authority
3. Having regard to the submissions advanced, there will be an
interim order, as prayed for, for a period of three weeks.
Post on 06.03.2024.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
WP(C) No.5798/2024 4/4 Order Date : 15-02-2024
APPENDIX OF WP(C) 5798/2024
Exhibit P1 THE TRUE COPY OF THE ACCOUNT STATEMENT ISSUED BY THE
FEDERAL BANK PERTAINING TO THE SAVING BANK SALARY
ACCOUNT OF THE 3RD RESPONDENT
Exhibit P2 THE TRUE COPY OF THE APPLICATION FILED UNDER FORM N
ENVISAGED UNDER RULE 10 (1) OF THE RULES
Exhibit P3 THE TRUE COPY OF AN ORDER DATED 14.02.2023 IN GC NO. 97
OF 2020 PASSED BY THE 2ND RESPONDENT/ DEPUTY LABOUR
COMMISSIONER
Exhibit P4 THE TRUE COPY OF THE FRESH APPLICATION DATED 08.05.2023
FILED UNDER FORM N ENVISAGED UNDER RULE 10 (1)
Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 04.07.2023 UNDER FORM
O ENVISAGED UNDER RULE 11(1) ISSUED BY THE 2ND
RESPONDENT
Exhibit P6 THE TRUE COPY OF THE WRITTEN STATEMENT DATED 14.08.2023
FILED BY THE PETITIONER IN GC NO. 96 OF 2023
Exhibit P7 THE TRUE COPY OF AN ORDER DATED 11.01.2024 IN GC NO.
96/2023 PASSED BY THE DEPUTY LABOUR COMMISSIONER
Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN GC NO. 91/2023 DATED
11.01.2024 MENTIONED ABOVE PASSED BY DEPUTY LABOUR
COMMISSIONER
