Kerala High Court
Travancore Devaswom Board vs T.S.Valsalakumari on 31 May, 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
Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
WP(C).NO.7008 OF 2020(A)
PETITIONER:
TRAVANCORE DEVASWOM BOARD, NANDANCODE, KAVADIAR P.O.,
THIRUVANANTHAPURAM-695 003, REPRESENTED BY ITS SECRETARY.
RESPONDENTS:
1. T.S.VALSALAKUMARI, RESIDING AT AMBADI, PARIYARAM P.O., PUTHUPPALLI,
KOTTAYAM, PIN-686 021.
2. DEPUTY LABOUR COMMISSIONER, KOTTAYAM(CONTROLLING AUTHORITY UNDER THE
PAYMENT OF GRATUITY ACT), CIVIL STATION P.O., KOTTAYAM, PIN-686 001.
3. THAHASILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN-695 001.
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 further proceedings in continuation of Exts.P5 and P6
pending final decision in the Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
12-08-2022 and upon hearing the arguments of SRI.C.K.PAVITHRAN, STANDING
COUNSEL, SMT.NEENU PAVITHRAN, Advocate for the petitioner, SMT. A.K.
PREETHA, ADVAOCATE for R1(by order) and of GOVERNMENT PLEADER for R2 and
R3, the court passed the following:
DINESH KUMAR SINGH, J.
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W.P (C.) Nos.23335 and 7008 of 2020
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Dated this the 31st day of May, 2024
ORDER
Smt.A.K Preetha, learned counsel has been accepted
notice on behalf of the 1st respondent. Let the copy of this writ
petition to be served on the counsel for the 1 st respondent. In
compliance of the order dated 12.8.2022, a check for a sum of
Rs.10,000/- in favour of the 1 st respondent has been handed over
to the counsel for the respondents.
2. Sri. C.K pavithran, learned counsel for the petitioner
submits that the Division Bench of this Court in its judgment
dated 21.10.2016 in the case of Seetha K. v. The Managing
Trustee, Thiruvangad Sreeramaswami Temple and others
[MANU/KE/1726/2016] placing reliance on the full bench
judgment of Madras High Court in the case of E.Gopal v.
Arulmigu Dhandayuthapaniswamy Temple, Palani and
others [MANU/TN/2475/2012] has held that the religious
institution are establishment within the provisions of payment of
gratuity Act, 1972. However, a full bench decision of Karnataka
High Court in its judgment dated 01.08.2019 in the case of Shri
WPC Nos7008 and 23335 of 20120
Mookambika Temple, Kollur v. Raviraja Shetty and
others [MANU/KA/5586/2019] has taken the view that the
religious institution would not fall within the ambit of payment
of Gratuity Act, 1972. It is further informed that against the
decision of the Karnataka High Court, an SLP has been filed
in the Supreme Court.
3. Considering the said fact that the final decision by
the Supreme Court is yet to be taken on the issue, this Court
deems it appropriate to adjourn these two cases to await the
outcome of the SLP pending before the Supreme Court. Post
these matter after four months. In the meantime, if the said
SLP is disposed of by the Supreme Court, counsel for the
petitioner or the respondent may make a mention for taking
up the matter.
Interim order shall remain in operation until further
orders.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
31-05-2024 /True Copy/ Assistant Registrar
