Kerala High Court
Kerala State Road Transport ... vs State Of Kerala on 29 February, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 30665 OF 2019
PETITIONER:
KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN & M.D, TRANSPORT
BHAVAN,PATTOM,THIRUVANANTHAPURAM.
BY ADVS.
SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
P.C.SASIDHARAN(K/255/1982)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY TH E SECRETARY TO GOVERNMENT,LABOUR AND
REHABILITATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001.
2 GRATUITY CONTROLLING AUTHORITY
(DEPUTY LABOUR COMMISSIONER),NEAR CIVIL STATION,
KOLLAM-691013.
3 S.RAMANAN,
AGED 63 YEARS
S/O SREEDHARAN,REJITHA BHAVAN,PONGODE,
VELIYAN.P.O,KOLLAM,PIN-691 540.
4 G.THULASEEDHARAN NAIR,
AGED 63 YEARS
S/O GOPALAN NAIR,REMYA BHAVAN(VILAYIL VEEDU),
ARAMPUNNA,ELAMPAL.P.O,PUNALUR, KOLLAM,PIN-691 306.
5 K.PREMACHANDRAN PILLAI,
AGED 64 YEARS,
S/O KESAVA PILLAI,NEDIYARA,ANCHAL, KOLLAM, PIN-691 306.
6 S.SOMARAJAN,
AGED 63 YEARS,
S/O SUKUMARAN,KALIYILAZHIKATH PUTHEN
VEEDU,KAIRALI,MATHURAPPRA,THADIKKAD.P.O,
KOLLAM,PIN-691 306.
BY ADV SRI.N.SASIDHARAN UNNITHAN
SRI.DHEERAJ A S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, ALONG WITH WP(C).6372/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 30665/2019 & 6372/2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
WP(C) NO. 6372 OF 2020
PETITIONER:
KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN & M.D., TRANSPORT
BHAVAN, PATTOM, THIRUVANANTHAPURAM,
PIN - 695 023.
BY ADVS.
SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT
CORPN.
P.C.SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPUAM, PIN - 695 001.
2 GRATUITY CONTROLLING AUTHORITY,
DEPUTY LABOUR COMMISSIONER, NEAR CIVIL STATION,
KOLLAM - 691 013.
3 P.SHANMUGHAM,
S/O.PADMANABHAN, ARJUN VILLA, NORTH ARYAD P.O.,
ALAPPUZHA DISTRICT, PIN - 688 521.
4 RAVEENDRAN PILLAI K.,
MENNATHIL HOUSE, PUTHIYAVILAVADAKKATHIL,
PATTOLYMARKET P.O., KANDALLOOR, KAYAMKULAM,
ALAPPUZHA DISTRICT - 690 531.
5 SUDARSANAN P.,
KARAVATHU PUTHEN VEEDU, EDATHARA P.O., KADAYKKAL,
KOLLAM DISTRICT - 678 611.
SRI.VENUGOPAL V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, ALONG WITH WP(C).30665/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 30665/2019 & 6372/2020
3
JUDGMENT
These writ petitions have been filed challenging orders of the
Controlling Authority under the payment of Gratuity Act, 1972.
These cases were listed along with W.P.(C)No.594 of 2018, which
was filed challenging an order issued by the Controlling Authority
under the payment of Gratuity Act in an omnibus manner. That writ
petition has been allowed today on the ground that there could not
be an omnibus order without determining the individual eligibility of
persons concerned for gratuity considering their qualifying service
etc. Considering the fact that the impugned orders in these cases are
orders issued in respect of individual employees and after
considering their service details, I am not inclined to interfere with
those orders in exercise of the jurisdiction vested in this Court under
Article 226 of the Constitution of India.
These writ petitions will therefore stand disposed of permitting
the petitioner to avail statutory remedy in respect of the impugned
orders. If the statutory appeals are filed within a period of one
month from the date of receipt of a certified copy of this judgment,
the appellate authority shall treat those appeals as having been filed
in time and shall dispose of the same, in accordance with the law,
WP(C) NOS. 30665/2019 & 6372/2020
after issuing notice to the affected parties.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NOS. 30665/2019 & 6372/2020
APPENDIX OF WP(C) 6372/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.GO(P)
NO.45/2013/LBR DATED 04/04/2013.
EXHIBIT P2 TRUE COPY OF EXHIBIT P7 REPRESENTATION
DATED 05/09/2014 IN WP(C) NO.25396 OF
2014.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
30/09/2014 IN WP(C) NO.25396 OF 2014.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED
23/10/2014 FILED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.GO(MS)
NO.53/2015/LBR DATED 12/05/2015 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12/03/2018
OF THE GRATUITY CONTROLLING AUTHORITY
GC NO.361/2016.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 22/09/2018
OF THE GRATUITY CONTROLLING AUTHORITY
GC NO.260/2015.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 14/09/2018
OF THE GRATUITY CONTROLLING AUTHORITY
GC NO.257/2015.
WP(C) NOS. 30665/2019 & 6372/2020
APPENDIX OF WP(C) 30665/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION
NO.GO(P)NO.45/2013/LBR DATED 04.04.2013
EXHIBIT P2 TRUE COPY OF EXHIBIT P7 REPRESENTATION
DATED 05.09.2014 IN WP(C)N0.25396 OF
2014.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
30.9.2014 IN WP(C)NO.25396O OF 2014.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED
23.10.2014 FILED BY THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE ORDER
NO.GO(MS)NO.53/2015/LBR DATED
12.05.2015 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 25.09.2018
OF THE GRATUITY CONTROLLING AUTHORITY
GC NO.111/2016 WITH TRUE ENGLISH
TRANSLATION
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 29.09.2018
OFD THE GRATUITY CONTROLLING AUTHORITY
GC NO.112/2016 WITH TRUE ENGLISH
TRANSLATION
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 21.03.2017
OF THE GRATUITY CONTROLLING AUTHORITY
GC NO.270/2015.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 21.03.2017
OF THE GRATUITY CONTROLLING AUTHORITY
GC NO.271/2015.
