Kerala High Court
The Divisional Manager vs State Of Kerala on 23 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) NO. 37085 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 37085 OF 2024
PETITIONERS:
THE DIVISIONAL MANAGER
KERALA FOREST DEVELOPMENT CORPORATION LIMITED, THRISSUR
DIVISIONAL OFFICE, OLD BLOCK PANCHAYATH BUILDING,
KUMARANELLUR (PO),WADAKKANCHERY, THRISSUR, PIN - 680590
BY ADV B.PREMNATH (E)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST AND WILD
LIFE (B) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CHIEF CONSERVATOR OF FOREST
EASTERN CIRCLE, OLAVAKKODE, PALAKKAD, PIN - 678002
3 REGIONAL JOINT LABOUR COMMISSIONER
(APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,
1972) OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER,
COLLECTORATE, KAKKANAD, KOCHI, PIN - 682030
4 DEPUTY LABOUR COMMISSIONER
(CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY
ACT, 1972) OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
THOZHIL BHAVAN, CIVIL STATION, PALAKKAD, PIN - 678011
5 SEBASTIAN CHEKKODE
REGD. OFFICE : 1A, SUMMER CASTLE APARTMENT, DESOM.P.O.,
ALUVA, ERNAKULAM, PIN - 683102
6 A. MEENAKSHY
W/O. ALAKAR, MIRAFLORES ESTATE, PADAGIRI,
NELLIYAMPATHY, PALAKKAD, PIN - 678508
WP(C) NO. 37085 OF 2024 2
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SRI. NAGARAJ NARAYANAN, SPECIAL GOVT.PLEADER (FOREST)
GP SMT. RESMI THOMAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 23rd day of October, 2024
The 6th respondent filed application under Section 7(4)(b) of
the Payment of Gratuity Act, 1972 for payment of gratuity due to her
for the period from 1979 to 2015. Though the petitioner filed objection
to gratuity application, the 4th respondent passed Ext.P6 order holding
that the petitioner is liable to pay gratuity to the 6 th respondent for the
entire period from 1979 to 2015.
2. The Counsel for the petitioner submits that the
petitoner is not liable to pay gratuity amount, as the petitioner was not
the owner of the establishment and was never an employer of the
establishment. The petitioner challenged Ext.P6 order in
G.C.No.12/2018 by filing Gratuity Appeal No.G.A.56/2023 before the
Appellate Authority under the Payment of Gratuity Act. The said
appeal stands dismissed as per order dated 25.07.2024.
3. The grievance of the petitioner is that Gratuity
Authority has not served a copy of the appellate order on the
petitioner. Unless the Appellate order is issued to the petitioner, he
will not be able to challenge the order. The petitioner points out that
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against the orders of the Appellate Authority in connected matters,
the petitioner has already approached this Court and this Court has
passed interim order staying the operation of appellate order. The
petitioner therefore prays to direct the 3 rd respondent to issue certified
copy of the Order in G.A.No.56/2023 dated 25.07.2024 forthwith.
4. Government Pleader entered appearance. The
Government Pleader denied all the material allegations made by the
petitioner. The Government Pleader submitted that the petitioner can
very well approach the 3rd respondent - Appellate Authority to obtain
a copy of the order.
5. I have heard learned Counsel for the petitioner and
the learned Government Pleader. Notice to respondents 5 and 6 is
dispensed with in view of the nature of relief to be granted in this writ
petition.
6. The 3rd respondent - Appellate Authority has passed
order in G.A.No.56/2023 on 25.07.2024. The petitioner wants to
challenge the said order. Unless the petitioner is served with a
certified copy of the appellate order, the petitioner will not be able to
challenge the same. The order in G.A.No.56/2023 being a statutory
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adjudicatory order, a copy of the same has to be provided to the
petitioner.
In the facts and circumstances of the case, this writ petition
is disposed of directing the 3rd respondent to issue a certified copy of
the order dated 25.07.2024 in G.A.No.56/2023 within a period of two
weeks. Coercive proceedings, if any, against the petitioner shall
stand stayed for a period of four weeks.
sd/
N.NAGARESH
JUDGE
jm/
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APPENDIX OF WP(C) 37085/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER
NO.2127/B2/2009/F & WLD, ISSUED BY THE 1ST
RESPONDENT, DATED 25.11.2011
Exhibit P2 TRUE COPY OF THE CONDITIONS PRESCRIBED BY THE
DIVISIONAL FOREST OFFICER, NENMARA, TO THE
KFDC, DATED 25.11.2011(AS EVIDENT FROM
EXT.P3)
Exhibit P3 TRUE COPY OF THE LETTER NO.C3-2116/95(D) OF
MANAGING DIRECTOR OF THE KFDC, TO THE
DIVISIONAL FOREST OFFICER, NENMARA, DATED
29.11.2011
Exhibit P4 TRUE COPY OF THE MAHAZAR PREPARED BY THE
FOREST RANGE OFFICER, NELLIYAMPATHY AT THE
TIME OF THE TAKEOVER OF MIRAFLORES ESTATE,
DATED 11.12.2011
Exhibit P5 TRUE COPY OF THE LETTER OF THE CHIEF
CONSERVATOR OF FOREST TO THE MANAGING
DIRECTOR, KERALA FOREST DEVELOPMENT
CORPORATION, KOTTAYAM, DATED 26.11.2011
Exhibit P6 TRUE COPY OF THE COMMON ORDER OF THE 4TH
RESPONDENT IN G.C. NOS. 7/2018, 8/2018,
9/2018, 10/2018, 11/2018 AND 12/2018, DATED
17.11.2022
Exhibit P7 TRUE COPY OF THE APPEAL MEMORANDUM IN G.A.
NO. 56 OF 2023 FILED BY PETITIONER BEFORE THE
3RD RESPONDENT, DATED 17.3.2023
Exhibit P8 TRUE COPY OF THE OBJECTIONS OF THE 6TH
RESPONDENT IN G.A. NO. 56 OF 2023 BEFORE THE
3RD RESPONDENT, DATED JUNE 2023
