Kerala High Court
The Chairman And Managing Director vs V.T.Radha on 1 July, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946
RP NO. 526 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 27.02.2024 IN WA NO.2492 OF
2017 OF HIGH COURT OF KERALA
REVIEW PETITIONER(S)/1ST RESPONDENT:
THE CHAIRMAN AND MANAGING DIRECTOR
SOUTH MALABAR GRAMIN BANK, (NOW KERALA GRAMIN
BANK), S.M.G.B TOWERS, A.K.ROAD,
MALAPPURAM., PIN - 676505
BY ADVS.
JAWAHAR JOSE
SAFEER BAWA A.S.
RESPONDENT(S)/APPELLANTS & RESPONDENTS 2 AND 3:
1 V.T.RADHA
W/O. LATE KUNHIRAMAN NAIR, ANADAKANDY HOUSE,
EKAROL (P.O), UNNIKULAM, KOZHIKODE., PIN - 673574
2 A.K. SATHISH KUMAR
S/O. LATE KUNHIRAMAN NAIR, ANADAKANDY HOUSE,
EKAROL (P.O), UNNIKULAM, KOZHIKODE., PIN - 673574
3 A.K. SANTHOSH KUMAR
S/O. LATE KUNHIRAMAN NAIR, ANADAKANDY HOUSE,
EKAROL (P.O), UNNIKULAM, KOZHIKODE., PIN - 673574
4 REGIONAL LABOUR COMMISIOMNER (CENTRAL),
COCHINKENDRIYA SHRAM SADAN, OLIMUGHAL,
KAKKANAD, KOCHI, PIN - 682030
R.P. No.526 of 2024 in W.A.No.2492 of 2017
2
5 CONTROLLING AUTHORITY UNDER THE P.G. ACT &
ASSISTANT LABOUR COMMISSIONER (CENTRAL),
ERNAKULAMKENDRIYA SHARAM SADAN, OLIMUGHAL,
KAKKANAD, KOCHI., PIN - 682030
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING
R.P. No.526 of 2024 in W.A.No.2492 of 2017
3
AMIT RAWAL & C.S.SUDHA, JJ.
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R.P. No.526 of 2024 in W.A.No.2492 of 2017
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Dated this the 1st day of July, 2024
ORDER
C.S.SUDHA, J.
For the reasons stated in the affidavit accompanying
C.M.A.No.1 of 2024, filing delay of 41 days is condoned.
2. Chairman cum Managing Director, South Malabar
Gramin Bank had challenged the order of the Tribunal and other
authorities under the payment of Gratuity Act allowing the claim of
the employees, which was allowed by the Single Bench vide
judgment dated 16/10/2017. W.A.No.2492 of 2017 by the
workman assailing the said judgment was allowed by the Division
Bench on 27/02/2024.
R.P. No.526 of 2024 in W.A.No.2492 of 2017
3. Sri.Jawahar Jose, learned counsel appearing on behalf of
the review petitioner submitted that due to inadvertence, this Court,
instead of showing his name, had marked presence of previous
counsel for the South Malabar Gramin Bank (the Bank), who, in
fact, was elevated as High Court Judge. Even otherwise, the
judgment relied upon by us i.e., The South Malabar Gramin
Bank v. The Regional Provident Fund Commissioner, 2019(2)
KHC 126 is pending consideration before the Supreme Court in
Special Leave Petition (Civil) Diary No.29319/2019 with an
interim order dated 13.09.2019.
4. As it is stated that the impugned judgment was passed
without hearing the Bank and as the operation of the judgment
relied on by us is stated to have been stayed by the Apex Court, we
recall the judgment dated 27/02/2024 in the aforesaid writ appeal.
R.P. No.526 of 2024 in W.A.No.2492 of 2017
Review petition is allowed. Writ appeal is restored to its
original number.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S.SUDHA
JUDGE
nak
