Kerala High Court
The Badakara Sahakarana Asupatri ... vs State Of Kerala on 6 September, 2024
2024:KER:68271
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 28493 OF 2024
PETITIONER(S):
1 THE BADAKARA SAHAKARANA ASUPATRI LTD.NO.D 2411,
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 M.SASINDRAN
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LABOUR,
SECRETARIAT, 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.
4 THE DEPUTY TAHSILDAR, VADAKARA,
TALUK OFFICE, VADAKARA, KOZHIKODE, PIN - 673101.
5 M.T.CHANDRAN,
S/O. LATE KARAMBAN,CHANDRAKKALA NIVAS,
MAMANTATHAZHE HOUSE,NEAR RAILWAY STATION,
VADAKARA, KOZHIKODE, PIN - 673506.
WP(C)No.28493 of 2024 2 2024:KER:68271
OTHER PRESENT:
GP SMT.RESMI THOMAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.28493 of 2024 3 2024:KER:68271
HARISANKAR V. MENON, J.
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WP(C)No.28493 of 2024
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Dated this the day of 6th 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 09.08.2024 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 petitioners have sought for an order to
WP(C)No.28493 of 2024 4 2024:KER:68271
dispense with the pre-deposit.
5. Considering the rival submissions as well as the connected
records, the writ petition would stand disposed of, directing the 2 nd
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 of dispensing
with the pre-deposit is to be decided by the 2 nd respondent in accordance
with law.
The interim order granted by this Court on 09.08.2024 would
remain operative till final disposal of Ext.P5 appeal as above.
Sd/-
HARISANKAR V. MENON,
JUDGE
ANA
WP(C)No.28493 of 2024 5 2024:KER:68271
APPENDIX OF WP(C) 28493/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION DATED 08-03-
2022 SUBMITTED BY THE 5TH RESPONDENT
BEFORE THE CONTROLLING AUTHORITY.
Exhibit P2 TRUE COPY OF THE ORDER IN GRATUITY CASE
NO.36/2022 DATED 08-07-2022 ISSUED BY THE
CONTROLLING AUTHORITY.
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, 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
1968.
