Baiju a. vs the Controlling Authority

Baiju a. vs The Controlling Authority

Type Court Judgment Court Kerala Decided Jan 06, 2022

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https://sooperkanoon.com/case/1440511

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Citation: sooperkanoon.com/1440511
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 06, 2022
Case Number: WP(C)/358/2022

Parties & Advocates

Appellant / Petitioner

Baiju a.

Respondent

The Controlling Authority

Excerpt

.....dated this the 6th day of january, 2022judgmentpetitioners claim to be former employees of the 2 nd respondent. petitioners 1 to 5 have preferred ext.p7 to ext.p11 applications before the controlling authority under the payment of gratuity act, 1972. the 6 th petitioner has also preferred another application, the copy of which has not been produced before this court. pursuant to the said applications, notices have been issued to the 2 nd respondent for appearance. ext.p15 is the notice relating to the application filed by the 6 th petitioner. the applications are all filed claiming gratuity due to the petitioners.2. petitioners contend that in spite of the notices having been issued to the respondents, no proceedings have been continued thereafter and the first respondent is delaying consideration of the matter.3. having regard to the aforesaid submissions and thecircumstances pleaded, i am of the view that the writ petition can be disposed of directing consideration of the applications filed by the petitioners to be disposed in a time bound manner. accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on the applications ext.p7 to ext.p11 as well as the application filed by the 6 th petitioner within a period of three months from the date of receipt of a copy of this judgment after granting an opportunity of hearing to the petitioner as well as the 2 nd respondent. the writ petition is disposed of as above. sd/- bechu kurian thomas, judge rkm appendix of wp(c) 358/2022 petitioners' exhibits : exhibit p1 true copy of the relieving letter of the 1st petitioner dated 20/3/2019 issued by exhibit p2 true copy of the experience letter of the 2nd petitioner dated 11/1/2019 issued by exhibit p3 true copy of the experience letter dated exhibit p4 true copy of the relieving letter dated exhibit p5 true copy of the relieving letter dated exhibit p6 true copy of the relieving letter dated exhibit p7 true copy of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF JANUARY 2022 / 16TH POUSHA, 1943 PETITIONERS : 1 BAIJU A., AGED 44 YEARS, S/O.ABDUL SATHAR, TC I/3077, VADAKKUM BHAGOM, NEAR ALUTHUMAN SCHOOL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM - 695 582. 2 SOUMYA RAJ M., AGED 36 YEARS, D/O.A.NADARAJAN ACHARI, MADHAVAMANGALAM, KAVUMBHAGOM P.O., THIRUVALLA, PATHANAMTHITTA - 689 102. 3 SHINU MARY SIMON, AGED 42 YEARS, D/O.T.V.SIMON, ASSET SIGNATURE, TOWER 3, 6C, MENAMKULAM, KAZHAKKOOTTAM, THIRUVANANTHAPURAM - 695 582. 4 RAHUL P.K., AGED 35 YEARS, S/O.RAVINDRAN K., SOUPARNIKA, EDACHOVVA, KAKKAD P.O., KANNUR - 670 005, PRESENTLY RESIDING AT HARIDEEPAM, PPNRA 118, KARIYIL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM - 695 582. 5 SYAM KUMAR G., AGED 37 YEARS, S/O.GOPINATHAN PILLAI, SYAM NIVAS, NEAR THIRUVILANJAL TEMPLE, THAMALLAKAL P.O., ALAPPUZHA - 690 549. 6 REKHA J., AGED 43 YEARS, D/O.LATE ASHOK KUMAR N., FLAT NO.616, BLOCK - 5, EMS NAGAR, PATTOOR, THIRUVANANTHAPURAM - 695 035. BY ADV K.RAJESH KANNAN RESPONDENTS :
1 THE CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT 1972 (DEPUTY LABOUR COMMISSIONER), OFFICE OF THE DEPUTY LABOUR COMMISSIONER, THOZHIL BHAVAN, VIKAS BHAVAN (P.O.), THIRUVANANTHAPURAM - 695 033. 2 RAIN CONCERT TECHNOLOGIES PVT.LTD., 410, 4TH FLOOR, THEJASWINI BUILDING, TECHNOPARK, THIRUVANANTHAPURAM - 695 581 REPRESENTED BY ITS DIRECTOR, SAJITH KUMAR K.V. COMMUNICATION ADDRESS MYKKOTTIL HOUSE, THIRUVANGOOR (PO), KOYILANDY VIA., KOZHIKODE, KERALA - 673 318. BY ADV.JUSTIN JACOB, SENIOR GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.358 of 2022 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of January, 2022

JUDGMENT

Petitioners claim to be former employees of the 2 nd respondent. Petitioners 1 to 5 have preferred Ext.P7 to Ext.P11 applications before the controlling authority under the Payment of Gratuity Act, 1972. The 6 th petitioner has also preferred another application, the copy of which has not been produced before this Court. Pursuant to the said applications, notices have been issued to the 2 nd respondent for appearance. Ext.P15 is the notice relating to the application filed by the 6 th petitioner. The applications are all filed claiming gratuity due to the petitioners.

2. Petitioners contend that in spite of the notices having been issued to the respondents, no proceedings have been continued thereafter and the first respondent is delaying consideration of the matter.

3. Having regard to the aforesaid submissions and the

circumstances pleaded, I am of the view that the writ petition can be disposed of directing consideration of the applications filed by the petitioners to be disposed in a time bound manner. Accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on the applications Ext.P7 to Ext.P11 as well as the application filed by the 6 th petitioner within a period of three months from the date of receipt of a copy of this judgment after granting an opportunity of hearing to the petitioner as well as the 2 nd respondent. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF WP(C) 358/2022 PETITIONERS' EXHIBITS : Exhibit P1 TRUE COPY OF THE RELIEVING LETTER OF THE 1ST PETITIONER DATED 20/3/2019 ISSUED BY Exhibit P2 TRUE COPY OF THE EXPERIENCE LETTER OF THE 2ND PETITIONER DATED 11/1/2019 ISSUED BY Exhibit P3 TRUE COPY OF THE EXPERIENCE LETTER DATED Exhibit P4 TRUE COPY OF THE RELIEVING LETTER DATED Exhibit P5 TRUE COPY OF THE RELIEVING LETTER DATED Exhibit P6 TRUE COPY OF THE RELIEVING LETTER DATED Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER IN FORM NO.N DATED Exhibit P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER IN FORM NO.N DATED Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER IN FORM NO.N DATED Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 4TH PETITIONER IN FORM NO.N DATED Exhibit P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER IN FORM NO.N DATED Exhibit P12 TRUE COPY OF THE NOTICE DATED 3/11/2021 ISSUED TO THE 2ND PETITIONER BY THE 1ST Exhibit P13 TRUE COPY OF THE NOTICE DATED 3/11/2021 ISSUED TO THE 3RD PETITIONER BY THE 1ST Exhibit P14 TRUE COPY OF THE NOTICE DATED 5/11/2021 ISSUED BY THE 1ST RESPONDENT TO THE 4TH PETITIONER. Exhibit P15 TRUE COPY OF THE NOTICE DATED 3/11/2021 ISSUED TO THE 6TH PETITIONER BY THE 1ST

Same Court & Year Kerala · 2022 Same Parties Baiju a. vs The Controlling Authority Same Judge Honourable Mr. Justice Bechu Kurian Thomas