The Badakara Sahakarana Asupathri Ltd. ... vs State Of Kerala
2024 Latest Caselaw 26263 Ker

Kerala High Court

The Badakara Sahakarana Asupathri Ltd. ... vs State Of Kerala on 3 September, 2024

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W.P.(C) No.27987 of 2024

                                                      2024:KER:66626

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

 TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                           WP(C) NO. 27987 OF 2024

PETITIONERS:

1              THE BADAKARA SAHAKARANA ASUPATHRI LTD.
               NO. D2411, VADAKARA, KOZHIKODE DISTRICT,
               REPRESENTED BY ITS SECRETARY, PIN - 673101
2              THE PRESIDENT
               BADAKARA SAHAKARANA ASUPATHRI LTD.
               NO. D-2411, VADAKARA, KOZHIKODE DISTRICT,
               PIN - 673101
3              THE SECRETARY
               BADAKARA SAHAKARANA ASUPATHRI LTD.
               NO.D-2411, VADAKARA, KOZHIKODE DISTRICT,
               PIN - 673101

               BY ADV.
               SRI.M.SASINDRAN

RESPONDENTS:

1              STATE OF KERALA
               REPRESENTED BY ITS SECRETARY,
               DEPARTMENT OF LABOUR, SECRETARIATE,
               THIRUVANANTHAPURAM, PIN - 695001
2              THE REGIONAL JOINT LABOUR COMMISSIONER
               (APPELLATE AUTHORITY UNDER THE PAYMENT OF
               GRATUITY ACT 1972), CIVIL STATION,
               KOZHIKODE, PIN - 673101
3              THE DEPUTY LABOUR COMMISSIONER/
               CONTROLLING AUTHORITY
               KOZHIKODE, PIN - 673101
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W.P.(C) No.27987 of 2024

                                                      2024:KER:66626

4              THE DEPUTY TAHSILDAR
               VADAKARA, TALUK OFFICE, VADAKARA,
               KOZHIKODE, PIN - 673101
5              PADMANABHAN.C.
               S/O. BALAKRISHNAN NAIR, CHALIL HOUSE,
               KOTTAPPALLY.P.O., VILLIAPPALLY, VADAKARA,
               KOZHIKODE, PIN - 673506

               BY ADV.
               SMT.RESMI THOMAS - GP

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.27987 of 2024

                                                            2024:KER:66626

                   HARISANKAR V. MENON, J.
            ------------------------------
                   W.P.(C) No.27987 of 2024
            ------------------------------
            Dated this the 3rd day of September, 2024

                              JUDGMENT

The petitioners have filed Ext.P5 appeal against Ext.P4 order

before the 2nd respondent herein.

2. Pending the above appeal, when coercive proceedings

were taken pursuant to Ext.P9, the petitioners have filed the

captioned writ petition.

3. This Court on 06.08.2024 had ordered the coercive

proceedings against the petitioners to be suspended.

4. Sri.M.Sasindran, the learned counsel for the

petitioners, points out that this writ petition may be disposed of,

directing the disposal of Ext.P5 appeal and Exts.P6 to P8

interlocutory applications filed along with the appeal at the hands

of the 2nd respondent herein. Smt.Resmi Thomas, the learned

Government Pleader, points out that the disposal of the appeal as

above is possible only in a situation where the petitioners comply

with the provisions under the statute as regards the pre-deposit.

The learned counsel for the petitioners, on the other hand, invites

the attention of this Court to Ext.P8 application, whereby the

2024:KER:66626

petitioners sought for an order to dispense with the pre-deposit.

Considering the rival submissions as well as the connected

records, the writ petition would stand disposed of, directing the

2nd respondent herein to dispose of Ext.P5 appeal and Exts.P6 to

P8 applications filed along with the appeal. It is made clear that

the question as regards the maintainability or otherwise of Ext.P8

application for dispensing with the pre-deposit is to be decided by

the 2nd respondent in accordance with law.

The interim order granted by this Court on 06.08.2024 and

subsequently extended on 12.08.2024 would remain operative till

final disposal of Ext.P5 appeal as above.

Sd/-

HARISANKAR V. MENON JUDGE anm

2024:KER:66626

APPENDIX OF WP(C) 27987/2024

PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 08- 03-2022 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE CONTROLLING AUTHORITY Exhibit P2 A TRUE COPY OF THE ORDER DATED 08-07-2022 ISSUED BY THE CONTROLLING AUTHORITY UNDER THE GRATUITY ACT Exhibit P3 A TRUE COPY OF THE ORDER DATED 04-11- 2022, ISSUED BY THE CONTROLLING AUTHORITY Exhibit P4 A TRUE COPY OF THE ORDER DATED 28-11-2023 PASSED BY THE 3RD RESPONDENT CONTROLLING AUTHORITY Exhibit P5 A TRUE COPY OF THE APPEAL, DATED 06.06.2024, WHICH IS NOT NUMBERED SO FAR FILED BY THE SOCIETY BEFORE THE APPELLATE AUTHORITY Exhibit P6 A TRUE COPY OF THE AFFIDAVIT AND PETITION FOR STAY OF THE ORDER OF THE CONTROLLING AUTHORITY Exhibit P7 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED PRAYING FOR CONDONING THE DELAY IN FILING THE APPEAL Exhibit P8 A TRUE COPY OF THE APPLICATION DATED 06- 06-2024 FOR EXEMPTING FROM DEPOSITING THE AMOUNT FOR FILING THE APPEAL Exhibit P9 A TRUE COPY OF THE NOTICE DATED 09-07- 2024 ISSUED BY THE 4TH RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT