Kerala High Court
Noushad.A vs Santha B on 4 June, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 22021 OF 2013
PETITIONER:
NOUSHAD.A
A.S.CASHEW EXPORTS, AMBALATHUMKALA,KOLLAM - 691 505.
BY ADV Mohan Lal B
RESPONDENTS:
1 SANTHA B.
"SANTHOSH BHAVAN", ANAKOTTOR P.O., VENMANNOOR,KOLLAM -
691 505.
2 VENUGOPALAN
PROP.KARUNA CASHEW COMPANY, AMBALATHUMKALA,KOLLAM - 691
505.
3 THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY
ACT
(REGIONAL JOINT LABOUR COMMISSIONER) KOLLAM - 691 001.
4 CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT
(DISTRICT LABOUR OFFICER), KOLLAM - 691 001.
BY ADVS.
R.SURAJ KUMAR
SUNIL J.CHAKKALACKAL
N.G.SINDHU
ANJANA R.S.
SRI. RIYAL DEVASSY-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).26023/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.22021 of 2013 & 26023 of 2014
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 26023 OF 2014
PETITIONER:
SANTHA B
W/O.GOPI, SANTHOSH BHAVAN, VENMANNOOR, ANAKOTTOOR
P.O., NEDUVATHOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM
DISTRICT.
BY ADVS.
R.SURAJ KUMAR
SUNIL J.CHAKKALACKAL
N.G.SINDHU
ANJANA R.S.
RESPONDENTS:
1 NOUSHAD A
A.S.CASHEW EXPORTS, AMBALATHUMKALA, KOLLAM - 691 505.
2 VENUGOPALAN
PROPRIETOR, KARUNA CASHEW COMPANY, AMBALATHUMKALA,
KOLLAM - 691 505.
3 THE APPELLATE AUTHORITY
UNDER THE PAYMENT OF GRATUITY ACT, (REGIONAL LABOUR
COMMISSIONER), KOLLAM - 691 001.
4 CONTROLLING AUTHORITY
UNDER THE PAYMENT OF GRATUITY ACT, (REGIONAL LABOUR
OFFICER), KOLLAM - 691 001.
BY ADV Mohan Lal B
SRI. RIYAL DEVASSY-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).22021/2013, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.22021 of 2013 & 26023 of 2014
3
JUDGMENT
Dated this the 4th day of June, 2024
These two writ petitions have been field by the
management and the employee impugning the very
same order dated 27.05.2013 passed by the Appellate
Authority under the provisions of payment of Gratuity
Act, 1972 in G.A No.15/2012.
2. The employee had rendered 37 years of
continuous service in the A.S Cashew Exports and
after retirement on attaining the age of
superannuation, she raised a claim before the
Controlling Authority in G.C No.37/2009. After
examining the evidence, the Controlling Authority
fixed Rs. 213.27/- as average daily wages received by
the employee and calculated the Gratuity for 37
years.
3. Against the said order of the Controlling
Authority, the management filed an appeal as G.A
W.P.(C)Nos.22021 of 2013 & 26023 of 2014
No.15 of 2012 before the Appellate Authority.
4. The Appellate Authority examined the record
of the Controlling Authority as well as evidence. After
examining the deposition of the employee that she
was getting an amount of Rs.500/- to Rs.800/- per
week, which would show that she was getting an
average amount of Rs.650/- per week. Hence the
average wages would come Rs.2,600/- per month
ie.,Rs.100/- per day. It was also said that the
minimum wages fixed at that time were around
Rs.100/- and therefore, considering the average
wages of Rs.100/- per day, the Appellate Authority
modified the order passed by the Controlling
Authority and an amount of Rs.55,500/- was found to
be payable to the employee along with interest at the
rate of 10% from the date on which the gratuity
becomes due and payable ie., w.e.f. 28.12.2002.
5. The learned counsel for the employee submits
that the Controlling Authority examined the Form N
W.P.(C)Nos.22021 of 2013 & 26023 of 2014
submitted by the employer and on that basis, the
Controlling Authority calculated the gratuity. The
Appellate Authority has discarded the evidence
produced before the Controlling Authority and has
calculated the gratuity on the basis of minimum
wages fixed by the Government. Therefore, he
submits that the impugned order passed by the
Appellate Authority is not sustainable. However,
learned counsel on behalf of the employer submits
that the employee had received some gratuity which
has not been deducted from the impugned order and
therefore, the impugned order is bad in law.
6. I have considered the submissions and perused
two orders passed by the authorities.
7. The Appellate Authority had considered the
evidence led before the Controlling Authority
including the deposition of the employee, wherein
her wages varied from Rs.500/- to Rs.800/- per week.
Therefore, the average wage of the employee has
W.P.(C)Nos.22021 of 2013 & 26023 of 2014
been considered to Rs.650/- per week. This would
come to Rs.2,600/- per month, which is lower than
minimum wages fixed by the government, which was
Rs.100/- per day.
In fact, the Appellate Authority has taken the
minimum wages as the wages of the employee is less
than minimum wages and calculated the gratuity to
be paid. This Court finds no error of law or
jurisdiction in the impugned order passed by the
Appellate Authority under the provisions of the
Payment of Gratuity Act, 1972. This Court cannot re-
appreciate the evidence in exercise of its jurisdiction
under Article 227 of the Constitution of India, and
therefore, finds no ground to interfere with the
impugned order. The writ petition lacks any merits
and substance, which is hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
W.P.(C)Nos.22021 of 2013 & 26023 of 2014
APPENDIX OF WP(C) 22021/2013
PETITIONER EXHIBITS
EXT.P-1: TRUE COPY OF THE OBJECTION DATED 27.11.2010
FILED BY THE PETITIONER
EXT.P-2: TRUE COPY OF RECEIPT DATED 29.11.2002
ISSUED BY THE 1ST RESPONDENT
EXT.P-3: TRUE COPY OF ORDER DATED 20.7.2012
EXT.P-4: TRUE COPY OF THE MEMORANDUM OF APPEAL FILED
IN NOVEMBER 2012.
EXT.P-5: TRUE COPY OF THE ORDER DATED 27.5.2013
SERVED ON THE PETITIONER ON 17.8.2013.
W.P.(C)Nos.22021 of 2013 & 26023 of 2014
APPENDIX OF WP(C) 26023/2014
PETITIONER EXHIBITS
EXT.P-1: A TRUE COPY OF THE ORDER DATED 20.07.2012
OF THE 4TH RESPONDENT.
EXT.P-2: A TRUE COPY OF THE ORDER DATED 27.05.2013
OF THE 3RD RESPONDENT.
EXT.P-3: A TRUE COPY OF THE REGISTRATION CARD ISSUED
FROM THE REGIONAL CANCER CENTRE,
THIRUVANANTHAPURAM.
