Kerala High Court
Kerala Co-Operative Pensioners 039, ... vs Union Of India on 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 31940 OF 2018
PETITIONERS:
1 KERALA CO-OPERATIVE PENSIONERS 039, ORGANIZATION (KCPO)
REG NO MPM/CA/2043/2014, STATE COMMITTEE,
22/610, PMSA TOWER, DOWN HILL PO, MALAPPURAM - 676519,
REP BY ITS SECRETARY MUSTHAFA PAKKATH,
S/O. KUNJU MOHAMMED, AGED 66 YEARS, PAKKATH HOUSE,
JUBILEE ROAD, PERINTHALMANNA, MALAPPURAM, PIN-679322
2 KUNHI MOHAMMED K.P.
AGED 60 YEARS
S/O. MOOSA, AGED 60 YEARS, KARIMPANAKKAL HOUSE,
PUZHAKKATTIRI P.O, MALAPPURAM DISTRICT, PIN-679321
3 V. RAJENDRAN
AGED 56 YEARS
S/O. SHANKARAN, VALIYAPARAMBIL HOUSE, NEAR MALABAR
BUILDES, PERINTHALMANNA, MALAPPURAM, PIN-679322
4 USHA E
AGED 49 YEARS
W/O. MURALEEDHARAN K, PRANAVAM, PATTAMBI ROAD, NEAR
SBT, PERINTHALMANNA, MALAPPURAM, PIN-679322
5 K.V. PRABHAKARAN
AGED 59 YEARS
S/O. K.P. AYYAPPAN, KAMATH PARAMBIL HOUSE, CHERUKARA
P.O, MALAPPURAM, DISTRICT, PIN-679340
BY ADVS.
M.M.MONAYE
B.NAMADEVA PRABHU
BINCY JOSE
RESPONDENTS:
1 UNION OF INDIA
REP BY ITS SECRETARY, SECRETARY TO GOVERNEMT OF INDIA,
MINISTRY OF LABOUR AND EMPLOYMENT,
SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI, PIN- 110001
WP(C) NO. 31940 OF 2018 -2-
2 UNION OF INDIA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF LAW AND JUSTICE,
GOVERNMENT OF INDIA, NEW DELHI-110001
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, SECRETARY TO
GOVERNMENT OF KERALA, DEPARTMENT OF CO
OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
4 THE REGISTRAR OF CO-OPERATIVE SOCIEITIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, THIRUVANANTHAPURAM-695001
BY ADV
KIRAN H., CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 31940 OF 2018 -3-
JUDGMENT
The above writ petition is filed for following
directions:
"i) issue a writ in the nature of mandamus
or any other appropriate writ, order or
direction directing the respondents 1&2
to take appropriate steps to appoint the
1st day of January 2016 as the date on
which the Payment of Gratuity
(Amendment) Act, 2018 shall come into
force.
(ii) issue a writ in the nature of
mandamus or any other appropriate writ,
order or direction directing the
respondents to take steps to enhance the
gratuity limit to Rs. 20 lakhs with effect
from 1.1.2016 enabling the employees of
Co-operative Societies/Banks and extend
the same benefits as the Central
Government employees
(iii) declare, that the appointment of 29-3-
2018 as the date from which the Payment
of Gratuity (Amendment) Act, 2018 is to
come into force, is arbitrary, illegal and
discriminatory.
(iv) issue a writ in the nature of
mandamus or any other appropriate writ,
order or direction directing the
respondents to consider Exhibit P6 to P9
representation and take appropriate
steps to give the
benefit of Payment of Gratuity
(Amendment) Act, 2018 for the
employees of Co operative Societies with
effect from 1.1.2016
(v) declare that the employees of co
operative societies are entitled to get the
maximum amount as payment of gratuity
as per the Payment of Gratity
(Amendment) Act, 2018 with effect from
1.1.2016
(vi) pass any other order or direction
which this Hon'ble Court may deem fit
and proper under the facts and
circumstances of the case as also in the
interest of justice.
(vii) award the cost of this proceeding."
2. When the writ petition is taken up for
consideration today, the counsel for the petitioners
confines his prayer for a writ of mandamus to the
respondents to consider Exts.P6 to P9 representations.
The issue raised in the writ petition pertains to fixation of
effective date of implementation of the Payment of
Gratuity amendment Act, 2018.
I am of the considered view that the representation
filed by the petitioner can be directed to be considered by
authority competent among the respondent Nos.1 and 2
after hearing the petitioners. In view of the above the
writ petition is disposed of directing the respondent
Nos.1 and 2 to consider and pass orders on Ext.P6
representation within a period of six months from the
date of receipt of the copy of the judgment.
Sd/-
EASWARAN S.
JUDGE
vv
APPENDIX OF WP(C) 31940/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 24.12.2014
EXHIBIT P2 TRUE COPY OF THE PAYMENT OF GRATUITY
(AMENDMENT) BILL 2017 DATED
23.10.2017.
EXHIBIT P3 TRUE COPY OF GAZETTE NOTIFICATION OF
PAYMENT THE GRATUITY (AMENDMENT) ACT
2018 DATED 29.3.2018
EXHIBIT P4 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 29.3.2018.
EXHIBIT P5 TRUE COPY OF THE OFFICE MEMORANDUM
DATED 4.8.2016
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION
ADDRESSED TO 1ST RESPONDENT DATED
18.9.2018.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
18.9.2018 ADDRESSED TO THE 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
18.9.2018 ADDRESSED TO THE 3RD
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
18.9.2018 SUBMITTED TO MINISTER FOR
CO-OPERATION, KERALA.
EXHIBIT P10 TRUE COPIES OF THE POSTAL RECEIPTS FOR
SENDING TO MINISTER FOR CO-OPERATION,
KERALA.
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION OF
INFORMATION DATED 28.6.2018 ADDRESSED
TO SRI. R.PADMANABHAN UNDER THE RTI
ACT.
EXHIBIT P12 TRUE COPY OF THE ORDER IN WP(C) NO.
6423/2018 OF THE HIGH COURT OF DELHI
DATED 1.6.2018 DOWNLOADED FROM THE
SITE.
