Kerala High Court
Palghat Sarvodaya Sangh vs The Deputy Labour Commissioner on 24 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:79169
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 24463 OF 2024
PETITIONER:
PALGHAT SARVODAYA SANGH
REPRESENTED BY ITS SECRETARY HEAD OFFICE
OTTAPALAM, PALAKKAD DISTRICT, PIN - 679101
BY ADVS.
SANTHEEP ANKARATH
BHAVANA J. MENON
RESPONDENTS:
1 THE DEPUTY LABOUR COMMISSIONER
LABOUR OFFICE, CIVIL STATION,
PALAKKAD, PIN - 678001
2 THE DEPUTY TAHASILDAR
OTTAPALAM TALUK, TALUK OFFICE,
OTTAPALAM, PALAKKAD DISTRICT, PIN - 679101
3 K.SANTHAKUMARI
ROHINI NIVAS, VALLEKULAM,
RAMASSERY(PO), PALAKKAD, PIN - 678622
4 P. P VANAJA
PULIKKAL HOUSE, NANDIKKARA POST,
THRISSUR-, PIN - 680301
2024:KER:79169
WP(C) No.24463 of 2024
2
5 CANARA BANK
OTTAPALAM BRANCH, JRJ COMPLEX,
FIRST FLOOR, OTTAPALAM, PALAKKAD DISTRICT
REPRESENTED BY ITS CHIEF MANAGER., PIN - 679101
BY ADV SRI.U. BALAGANGADHARAN
SC SRI. M. GOPIKRISHNAN NAMBIAR
SMT.MABLE C. KURIAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:79169
WP(C) No.24463 of 2024
3
JUDGMENT
Dated this the 24th day of October, 2024
The petitioner states that the petitioner is a Charitable
Society registered under the Societies Registration Act, 1860.
The Covid-19 pandemic has affected the business of the
Society and the Society is put to financial hardship. The
petitioner is not in a position to pay Gratuity amounts due to
the superannuated employees.
2. The petitioner states that the 2nd respondent
issued a Demand Notice under Section 7 of the Kerala
Revenue Recovery Act, 1968. The Demand Notice was
issued to recover the amounts of Gratuity payable to
respondents 3 and 4.
3. The 5th respondent placed a hold on the
petitioner's Bank Account, which caused further financial
difficulties to the petitioner. The petitioner is therefore before
2024:KER:79169
this Court seeking to direct the 2nd respondent to give a
sufficient breathing time to pay off the Gratuity payable in
instalments.
4. When this writ petition came up for
admission, this Court passed an interim order on 30.08.2024
directing the petitioner to pay ₹50,000/- each to respondents
3 and 4. The said amount was paid. Thereafter, a further
direction was given on 23.09.2024 to pay an amount of
₹1 lakh each to respondents 3 and 4. The said amount was
also paid by the petitioner.
5. The counsel for the petitioner submits that as
of now, the dues payable to the 3 rd respondent is ₹2,61,075/-
and dues payable to the 4th respondent is ₹1,39,754/-. The
total dues would be ₹4,00,829/-.
6. Taking into consideration the fact that the
petitioner is not a profit oriented institution and the financial
difficulties pointed out by the petitioner, I am of the view that a
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breathing time can be granted to the petitioner to pay off the
balance Gratuity amounts to respondents 3 and 4.
The writ petition is accordingly disposed of directing
the petitioner to pay the balance Gratuity amounts due to
respondents 3 and 4 in four equal monthly instalments. The
first of such instalments shall be paid on 15.11.2024 and the
remaining instalments on the 15th day of next three
consecutive months. Any default in payment of amounts on
the due dates will invite the contempt of Court proceedings. It
is made clear that the petitioner will be liable to pay revenue
recovery charges also, if applicable.
Sd/-
N.NAGARESH
JUDGE
spk
2024:KER:79169
APPENDIX OF WP(C) 24463/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SHOW CAUSE NOTICE NO. GC.
30/22 DATED 17.2.2023 ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF SHOW CAUSE NOTICE NO. GC.
57/21 DATED 20.2.2023 ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED
06.04.2023 IS SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF ORDER DATED 12.10.2022 IN
GC NO. 30/22 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P5 TRUE COPY OF ORDER DATED 12.10.2022 IN
GC NO. 57/21 ISSUED BY THE 1ST
RESPONDENT ALONG WITH ITS TYPED COPY
EXHIBIT P6 TRUE COPY OF DEMAND NOTICE NO. RRC
NO.2023/6974/09 DATED 18.06.2023
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF DEMAND NOTICE NO. RRC NO.
2023/6972/09 DATED 19.06.2023 ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF NOTICE DATED 26.06.2024
ISSUED BY THE 5TH RESPONDENT.
