Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944 WA NO. 705 OF 2017 AGAINST THE JUDGMENTIN WPC 31048/2016 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS: 1 SENIOR SUPERINTENDENT OF POST OFFICES IDUKKI DIVISION, THODUPUZHA - 685 584. 2 SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM DISTRICT. BY ADV. MANU S., DSG OF INDIA RESPONDENTS:
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENTOF GRATUITY ACT, 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITYACT, 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 C.P. ABRAHAM CHIRAYIL HOUSE, VANDAMATTOM, KODIKULAM P.O,THODUPUZHA,
IDUKKI DISTRICT - 685 582. BY ADV SRI.MARTIN G.THOTTAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.1854/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 912 OF 2017 AGAINST THE JUDGMENT IN WPC 33391/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM DISTRICT. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001. 2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACTRAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 3 R.OMANA THEGAZHIKKATHU VEEDU, PALAPPALLY, VILANGARA, PARIPALLY, KOTTARAKKARA- 691 574. BY SRI.P.L.VENUGOPAL, CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1065 OF 2017 AGAINST THE JUDGMENT IN WPC 32830/2016 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS: 1 SUPERINTENDENT OF POST OFFICES IDUKKI DIVISION, THODUPUZHA 2 SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION , KOLLAM DISTRICT. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 K.V MARY PULIMOOTTIL HOUSE, CHINNA RESIDENCE, THODUPUZHA - 685 584. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1549 OF 2017 AGAINST THE JUDGMENT IN WPC 33775/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA DIVISION SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 L.DEVAKIAMMA, S/O.PARAMESWARAN PILLAI, 'SURYA', KADAMBANAD P.O., PATHANAMTHITTA-691552 BY ADVS. SRI.SAJITH KUMAR V. BY SRI.B.RAMACHANDRAN, CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1688 OF 2017 AGAINST THE JUDGMENT IN WPC 33891/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA DIVISION, PATHANAMTHITTA BY ADV. SRI. S. BIJU, ASG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMAMNILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001 3 T.N.GOMATHI W/O KUTTAPPAN, AJI BHAVAN, MANAPPALLY SOUTH, SRP MARKET P.O. KOLLAM- 690 539 BY SRI.A.R.GANGADAS, CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1848 OF 2017 AGAINST THE JUDGMENT IN WPC 570/2017 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SUPERINTENDENT OF POST OFFICES MAVELIKKARA DIVISION, MAVELIKKARA. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM. T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITYUNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM. T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001 3 LEELAMONY AMMA PUTHENPURAYIL HOUSE, KARIMULLAKKAL, KOMALLUR PO, CHARUMMOOD-690 505 BY ADVS. SRI.SAJITH KUMAR V. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1849 OF 2017 AGAINST THE JUDGMENT IN WPC 35531/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SENIOR SUPERINTENDENT KOLLAM DIVISION, KOLLAM DISTRICT. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 3 S. SHEELA W/O. LATE V.VENUGOPALA PILLAI, SREEVILAS, CHERUSSERI BHAGOM, CHAVARA P.O., KOLLAM-691 583. SRI.SAJITH KUMAR V. BY SMT.SINDHUMOL.T.P., CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1850 OF 2017 AGAINST THE JUDGMENT IN WPC 35327/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION KOLLAM DIVISION, KOLLAM DISTRICT. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 3 C.K. GOPAKUMARAN PILLAI PRASANTH BHAVAN, PUDUKKADKARA P.O., MUKUNDAPURAM, KOLLAM-691 585. SRI.SAJITH KUMAR V. BY SRI.P.L.VENUKUMAR, CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1854 OF 2017 AGAINST THE JUDGMENT IN WPC 25094/2011 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SUPERINTENDENT OF POST OFFICES CHANGANASSERY DIVISION, CHANGANASSERY. BY ADVS. SRI.PRENJITH KUMAR.K.S.,CGC SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 P.M.NABEEZA W/O. AZIZ,THOPPUPARAMBIL HOUSE, MUNDAKAYAM EAST P.O.,, IDUKKI DISTRICT-686 513. 2 CONTROLLING AUTHORITY AND & ASSISTANT LABOURCOMMISSIONER(CENTRAL), OFFICE OF THE CONTROLLING, AUTHORITY FOR PAYMENT OF GRATUITY 1972 & ASST., LABOUR COMMISSIONER(CENTRAL), THIRUVANANTHAPURAM. BY SMT.MINI GOPINATH,CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1925 OF 2017 AGAINST THE JUDGMENT IN WPC 34561/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM DISTRICT. BY ADV SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 N.THANKAPPAN KRISHNAPRIYA HOUSE, PANMANA PUTHENCHANTHA P.O., CHAVARA - 691 583. BY SRI.SAJITH KUMAR V. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 2389 OF 2017 AGAINST THE JUDGMENT IN WPC 6620/2013 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SUPERINTENDENT OF POST OFFICES, VADAKARA DIVISION, VADAKARA 673 101 BY ADV SRI.JAISHANKAR V.NAIR, CGC RESPONDENTS: 1 SHRI.K.V.CHERIYAN (EX-GSDBPM) - 673 101 (EX-GSDBPM) - 673 101, KOOVATHOTTU HOUSE,P.O VILANGAD, VIA-KALLACHI. PIN.673506. 2 CONTROLLING AUTHORITY AND ASSISTANT LABOUR COMMISSIONERCENTRAL OFFICE OF THE CONTROLLING AUTHORITY FOR PAYMENT OF GRATUITY ACT 1972 & ASST. LABOUR COMMISSIONER (CENTRAL)ERNAKULAM, PIN.682030. BY SRI.S.BIJU, CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 21816 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENTOF GRATUITY ACT,. 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 P. GOPALAN EX GDS MD, VADAKKUMBHAGAM BO, RESIDING AT KAITHAKOOTTATHILERAKKOM, VADAKKUMBHAGOM, CHAVARA SOUTH, KOLLAM - 691 584. BY ADVS. SRI.SAJITH KUMAR V. BY SRI.S.BIJU, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 21971 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM,TC. 2 P.ANANDAKRISHNA PILLAI KAVANAZHAKATHUY PUTHENVEEDU, NEENDAKARA KOLLAM 691582 SRI.SAJITH KUMAR V. BY SRI.N.JAGATH, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WA NO. 1926 OF 2017 AGAINST THE JUDGMENT IN WPC 35646/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES, KOLLAM DIVISION,KOLLAM DIST. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 N.RAJAN PILLAI PRAMOD BHAVAN, UMAYANALLUR INDUSTRIAL ESTATE P.O. KOLLAM- 691 589 BY ADV SRI.R.PRASANTH KUMAR, CGC SRI.SAJITH KUMAR V. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 20693 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION,KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT1972,RAMANILAYAM,T.C.25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM-695001. 2 D.SUDHAMADEVI NANDASSERIL SOUTH,KATTIKKADAVU.P.O, KOLLAM-690542. BY ADVS. BY SRI.HARIDAS P.NAIR, CGC SRI.SAJITH KUMAR V. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 20865 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES, KOLLAM KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001. 2 K.AMMINIKUTTY VENGARA, THODIYUR NORTH, THAZHAVA, KOLLAM-690523. BY ADVS. SRI.SAJITH KUMAR V. SRI.R.PRASANTH KUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WW NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 21054 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER UNDER THE PAYMENT OF GRATUITY ACT,1972 RAMANILAYAM, T.C. 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 2 B. SHANKARI AMMA SREEBHAVAN NADUVILAKKARA, WEST KALLADA P.O., KOLLAM-691 500. BY SRI.P.L.VENUKUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 21161 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C. 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695001 2 R. ARAVINDAKSHAN PILLAI AISWARYA, KOVOOR, ARINALLUR, KOLLAM- 690 538 BY ADVS. SRI.SAJITH KUMAR V. SRI.M.A.VINOD, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 21667 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 D. BABU ADITYAVILASOM, CHITTOOR, PONMANA, CHAVARA, KOLLAM - 691 583. BY ADVS. SRI.SAJITH KUMAR V. SRI.S.VAIDYANATHAN, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 22337 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM - 695 001. 2 INDIRABAI AMMA RAJESWARI BHAVAN, VETTILATHAZHAM, DECENT JUNCTION,MUGHATHALA, KOLLAM - 619 577. BY ADVS. SRI.SAJITH KUMAR V. SRI.M.L.SURESHKUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 22734 OF 2017 PETITIONER: SENIOR SUPERINTENDENT KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM.695001. 2 S.SIVANKUTTY EX GDS MD, MUKUNDAPURAM BO,RESIDING AT KANDOLIL KIZHAKKATHIL,PALAKKAL, THEVALAKKARA, KOLLAM.690524. BY ADVS. SRI.SAJITH KUMAR V. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 22970 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM BY ADVS. SRI.ANISH JAIN CGC SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER [CENTRAL] AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,1972 RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM PIN-695001 2 N.SIVADASAN, EX GDS MD, THODIYOOR NORTH BO RESIDING AT SMITHA BHAVAN P.V.NORTH, THAZHAVA,KOLLAM PIN-690523 BY ADV SRI.SAJITH KUMAR V. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 23121 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER [CENTRAL] AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM - 695 001. 2 K.SUNDARESAN ASSARI TALOTTUVADAKKATHIL, CHAVARA BRIDGE, CHAVARA, KOLLAM - 691 583. BY ADVS. SRI.SAJITH KUMAR V. SRI.H.GOPAKUMAR,CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 23821 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION,KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER 1972 RAMANILAYAM,T.C.25/3453,UPPALAM ROAD,THIRUVANANTHAPURAM-695001. 2 SAFIA BEEVI MADATHILAZHIKKAM,NEDUMPANA, KANNANALLOOR,KOLLAM-691576. BY ADV SRI.SAJITH KUMAR V. SRI.SATHEESH M.KUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 24084 OF 2017 PETITIONERS: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972RAMANILAYAM, T.C 25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM - 695 001. 2 L.ROHINIKUTTY AROMA, KILIKOLLUR P.O.,KOLLAM - 691 004. BY ADV SRI.SAJITH KUMAR V. SRI.P.L.VENUKUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 25227 OF 2017 PETITIONER: SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA DIVISION, PATHANAMTHITTA BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972RAMANILAYAM, T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPRUAM 695 001 2 ASSISTANT LABOUR COMMISSIONERCENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972RAMANILAYAM, T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM 695 001 3 N. GOPALAKRISHNAN LAKSHMI NIVAS, CHOORAKODE, MANAKALA 691 551 BY ADV SRI.SAJITH KUMAR V. SRI.M.C.MONY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 25880 OF 2017 PETITIONER: SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA DIVISION, PATHANAMTHITTA. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 ASSISTANT LABOUR COMMISSIONERCENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 ELIZEBATH DAVID BIJU BHAVAN, PARAKKOOTTAM, MANAKALA - 691 551. BY ADVS. SRI.S.VAIDYANATHAN, CGC SRI.SAJITH KUMAR V. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 26342 OF 2017 PETITIONER: SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM 695 001. 2 K.KUMARI EX GDS, KARUNAGAPPALLY HO, RESIDING AT BABU BHAVAN, VADAKKUMTHAAL EAST PO, KOLLAM 690 536. BY ADVS. SRI.SAJITH KUMAR V. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 31155 OF 2017 PETITIONER: SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA PATHANAMTHITTA BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM 695 001 2 ASSISTANT LABOUR COMMISSIONERCENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM 695 001 3 D KUNJUKUNJU CHIRAKONATHU PUTHEN VEEDU, EDAKKADU KADAMBANAD 691 552 BY ADVS. SRI.K.THYAGARAJESWARAN, CGC SRI.SAJITH KUMAR V. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, WP(C) NO. 31522 OF 2017 PETITIONER: SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA DIVISION, PATHANAMTHITTA. BY ADV. SRI.MANU S., DSG OF INDIA RESPONDENTS: 1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,1972 , RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001. 2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001. 3 P.RADHAMONI AMMA, ARYA BHAVAN, MANAKALA, KOLLAM-691551. BY ADV SAJITH KUMAR V. SRI.P.L.VENUKUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. JAYASANKARAN NAMBIAR &
MOHAMMED NIAS C.P., JJ
…................................................... WA Nos.705/2017,912/2017, 1065/2017, 1549/2017, 1688/2017, WP(C)Nos.21971/2017, 20693/2017, 20865/2017, 21054/2017, ….............................................................. Dated this the 1st day of December, 2022
JUDGMENT
Mohammed Nias.C.P. J. All the above cases relate to the applicability and entitlement of of the Gramin Dak Sewaks i.e., Extra Departmental Agents to receive gratuity under the provisions of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'Act') or whether they are governed by the Gramin Dak Sewak (Conduct and Engagement) Rules, 2011, which came into force on 18.4.2011 in supercession of the Gramin Dak Sewak (Conduct and Engagement) Rules, 2001. For convenience, the above cases are divided into two categories. The first batch of cases are of the Gramin Dak Sewaks who retired after 18.4.2011 and the second batch of employees who retired prior to 18.4.2011 when the Gramin Dak Sewak (Conduct and Engagement ) Rules, 2001 was in force. By the orders impugned in these cases, the controlling authority under the Payment of Gratuity Act, 1972, found that all the employees are entitled to gratuity as they are covered by the Payment of Gratuity Act, 1972, and had allowed their claims as prayed for.
2. The first batch deals with cases covered by Gramin Dak Sevak
(Conduct and Engagement) Rules, 2011, and comprise of the following cases. Sl. Case No. Name of the employee Date of Date of engagement disengagement No 1 WPC 21971/2017 P ANANTHAKRISHNA 22.6.1983 25.10.2013 PILLAI Filed by Senior Superintendent of Post Offices ,Kollam Division, Kollam 2 WPC 22734/2017 S SIVANKUTTY 31.12.1969 Filed by Senior Superintendent of Post 04.05.2016 Offices , Kollam Division, Kollam 3 WPC 21054/2017 B SHANKARI AMMA 19.2.2015 Filed by Senior Superintendent of Post 03.04.1974 Offices , Kollam Division, Kollam 4 WPC 21667/2017 D BABU 31.1.1995 19.9.2016 Filed by Senior Superintendent of Post Offices , Kollam Division, Kollam 5 WPC 20693/2017 D SUSHAMADEVI 28.1.2016 Filed by Senior Superintendent of Post 10.07.1979 Offices , Kollam Division, Kollam 6 WPC 24084/2017 L ROHINIKUTTY 25.7.1995 14.1.2014 Filed by Senior Superintendent of Post Offices , Kollam Division, Kollam 7 WPC 25880/2017 ELIZABETH DAVID
Filed by Superintendent of Post 07.05.1979 30.11.2014 Offices, Pathanmathitta Division, Pathanamthitta 8 WPC 26342/2017 K KUMARI Filed by Senior Superintendent of Post Offices , Kollam Division, Kollam 06.02.1981 07.01.2016 9 WPC 20865/2017 K AMMINIKUTTY 22.7.1983 Filed by Senior Superintendent of Post 09.06.2015 Offices , Kollam Division, Kollam 10 WPC 21161/2017 R ARAVINDAKSHAN PILLAI Filed by Senior Superintendent of Post 09.10.1985 13.04.2016 Offices , Kollam Division, Kollam
11 WPC 22970/2017 N SIVADASAN 22.4.2016 Filed by Senior Superintendent of Post 08.08.1985 Offices , Kollam Division, Kollam 12 WPC 22337/2017 INDIRABAI AMMA Filed by Senior Superintendent of Post 02.08.1993 19.01.2016 Offices , Kollam Division, Kollam 13 WPC 23121/2017 K SUNDARESAN 27.6.1996 18.5.2013 ASSARI Filed by Senior Superintendent of Post Offices , Kollam Division, Kollam 14 WPC 23821/2017 SAFIA BEEVI 19.3.2015 Filed by Senior Superintendent of Post 07.03.1987 Offices , Kollam Division, Kollam 15 WPC 25227/2017 N GOPALKRISHNAN 24.9.1980 NAIR Filed by Superintendent of Post Offices, 10.02.2016 Pathanamthitta Division, Pathanamthitta 16 WPC 31155/2017 D KUNJUKUNJU 14.4.1984 21.3.2016 Filed by Superintendent of Post Offices , PPathanamthitta Division, Pathanamthitta 17 WPC 31522/2017 P RADHAMONI AMMA 22.12.82 27.7.2015 Filed by Superintendent of Post Offices, Pathanamthitta Division, Pathanamthitta 18 WA 1926/2017 N RAJAN PILLAI 16.4.1980 13.12.2011 Filed by Senior Superintendent of Post Offices ,Kollam Division, Kollam District
3. The issues involved in these cases are whether the Postal
Department is an establishment under the provisions of the Payment of Gratuity Act, 1972 and also whether a Gramin Dak Sewak is an “employee” as per Section 2(e) of the Payment of Gratuity Act 1972 Act, and is entitled to payment of gratuity under the said Act? The questions are no loner res integra as the issue raised in the above cases is squarely covered by the judgment of the Supreme Court in Sr. Superintendent of Post Offices v. Gurusewak Singh and others (2019 KHC 6339).
4. The decision of the Supreme Court in Gurusewak Singh held
that the Post and Telegraphs Department would be an establishment under the Payment of Gratuity Act, 1972, as the Postal Department is an establishment under Section 2(k) of the Indian Post Office Act, 1898, and going by Section 1(3)(b) of the Payment of Gratuity Act, 1972 , it applies to every 'establishment' within the meaning of 'any law' for the time being in force and as the Indian Post Office Act, 1898 would fall under the expression 'law' under Section 1(3)(b) of the Payment of Gratuity Act.
5. The next issue that arose before the Supreme Court was
whether a Gramin Dak Sewak is an “employee” as per Section 2(e) of the Payment of Gratuity Act 1972 Act and is entitled to payment of gratuity under the said Act? Construing the definition of employee under 2(e) of the 1972 Act, the court found that the Act excluded persons who held a post with the Central or State Government and are governed by any other Act or rules providing for payment of gratuity. Since the 2011 Rules had a separate provision for payment of gratuity to the Extra Departmental Agents, it was found that a Gramin Dak Sewak is not an “employee” under the 1972 Act. The further issue considered was whether the Gramin Dak Sewak is eligible for payment of gratuity under the 2011 Rules upon voluntary resignation under the 2011 Rules. The Supreme Court found that as a consequence of such resignation , the employee became dis-entitled for the payment of gratuity under the Statutory 2011 Rules applicable to Gramin Dak Sewaks.
6. In the light of the position of law declared by the
Supreme Court in the above judgment, it has to be held that those employees whose cases are covered by the 2011 Rules, namely, whose service ended after the Rules came into force, are not entitled to payment of gratuity under the Payment of Gratuity Act but will be entitled for payment of gratuity under the 2011 Rules. Accordingly, the orders passed by the controlling authority in these writ petitions are quashed. The employees will be entitled to get the eligible gratuity under the 2011 Rules and the authority concerned will make the payment without delay as there is no dispute on the date of joining, date of relieving or on the last drawn pay.
7. The second batch deals with cases covered by Gramin Dak
Sevak (Conduct and Engagement) Rules, 2001. The cases coming under the said Rules are the following: Sl. Case No. Name of the employee Date of Date of engagement disengagement No 1 WA 1854/2017 P.M. NABEEZA 25.7.1968 10.07.2009 Filed by Superintendent of Post Offices, Changanassery Division, Changanassery 2 WA 1848/2017 LEELAMONY AMMA 07.02.1984 23.8.2008 Filed by Superintendent of Post Offices, Mavelikkara Division, Mavelikkara 3 WA 1065/2017 K.V. MARY 04.10.1996 31.12.2007 Filed by Superintendent of Post Offices, Idukki Division ,Thodupuzha & another 4 WA 1688/2017 T.N. GOMATHY 24.2.1972 07.04.2010 Filed by Senior Superintendent of Post Offices, Pathanamthitta Division, Pathanamthitta District 5 WA 2389/2017 K.V. CHERIYAN 22.12.1969 26.9.2009 Filed by Superintendent of Post Offices, Vadakra Division, Vadakara 6 WA 1549/2017 L DEVAKIAMMA 29.10.1971 25.5.2010 Filed by Superintendent of Post Offices, Pathanamthitta Division, Pathanamthitta District 7 WA 912/2017 R OMANA 18.12.1979 Filed by Senior Superintendent of 15.03.2010 Post Offices, Kollam Division, Kollam District 8 WA 1849/2017 S SHEELA 05.05.1981 11.12.2007 Filed by Senior Superintendent of Post Offices, Kollam Division, Kollam District 9 WA 1850/2017 C. .K GOPAKUMARAN 17.1.1982 30.4.2009 PILLAI Filed by Superintendent of Post Offices, Kollam Division, Kollam District 10 WA 705/2017 C. .P ABHRAHAM 18.4.2005 Filed by Senior Superintendent of 30.6.1983 Post Offices, Idukki Division, Thodupuzha and another 11 WP(C) 21816/2017 P GOPALAN 11.2.1977 31.10.2009 Filed by Senior Superintendent of Post Offices, Kollam Division, Kollam 12 WA 1925/2017 N THANKAPPAN 14.1.1976 15.4.2011 Filed by Senior Superintendent of Post Offices, Kollam Division , Kollam District
8. With respect to the second batch of cases, the learned
single Judge in the impugned judgments from which the writ appeal arise had found that they are entitled to payment of gratuity under the 1972 Act. Two contentions were raised by the Postal Department before the learned single Judge, namely, applicability of the Payment of Gratuity Act, 1972 and the contention based on the Gramin Dak Sewak (Conduct and Engagement) Rules, 2011. The learned single Judge found that the Postal Department has to be seen as an establishment as referred to in Section 1(3)(b)of the Payment of Gratuity Act and repelled the argument on behalf of the Postal Department that it cannot be treated as an establishment under the Act. On the second question whether the terms and conditions of the appointment would take away the right of the employees to claim gratuity in terms of the Payment of Gratuity Act., it was found that even if the 2011 Rules are found to be applicable, it was the option of the employee to choose the better service conditions regarding payment of gratuity in terms of Section 4(5) of the Payment of Gratuity Act, and the employee had the option to decide the same. In that view of the matter, it was found that the Payment of Gratuity Act applies to the employees.With respect to the cases covered under 2001 Rules, it is pertinent to note that there is no provision for gratuity under the said Rules.
9. The conclusion of the learned single Judge that the Act
applies has to be upheld going by the parity of the reasoning in the decision in Gurusewak Singh and others (supra). We however, vacate the finding of the learned single Judge that the employees had two options even if the 2011 Rules apply in view of Section 4(5) of the Act. This finding is wrong for two reasons as the 2011 Rules would not apply to those who retired prior to 18.4.2011 and the 2001 Rules that did apply did not provide for payment of gratuity. We say this because although there were office memorandums issued to enable payment of gratuity to the employees, the payment of gratuity was in the nature of an ex-gratia payment at the discretion of the employer. It was only in the 2011 Rules that the payment of ex-gratia gratuity attained the nature of the right of the retiring employee that he could claim from the employer. The applicability of Section 4(5) of the Act would come in only if there are two options available to employees to claim gratuity as of right and in the instant case there was only one option i.e., to get the gratuity under the Payment of Gratuity Act. Thus the writ appeals preferred against the judgment of learned single Judge and also the writ petitions of the employees, who retired prior to coming into force of the 2011 Rules, has to succeed and those orders of the controlling authority under the Payment of Gratuity Act are to be upheld. In the result, in the first batch of cases, WP(C)Nos.21971/2017, controlling authority under the Act, 1972, impugned in the above cases are quashed. In the second batch of cases, WA Nos.705/2017,912/2017, dismissed. Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE Sd/- MOHAMMED NIAS C.P. JUDGE dlk/9.12.2022 APPENDIX OF WP(C) 21816/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO.36/12/2017/RLC/TVM DATED 21.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.03.2017. EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.03.2017. APPENDIX OF WP(C) 20693/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO.36/81/2017/RLC/TVM DATED 29.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.03.2017. EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.03.2017. APPENDIX OF WP(C) 20865/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO.36/80/2017/RLC/TVM DATED 29-03-2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE DATED 29-03-2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 09- 12-2016 FILED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 22-03-2017 FILE BY THE PETITIONER. APPENDIX OF WP(C) 21054/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO. ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE DATED 29.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF APPLICATION DATED 01.02.2017 FILED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 22.03.2017 FILED BY THE PETITIONER. APPENDIX OF WP(C) 21161/2017 PETITIONER'S EXHIBITS EXHIBITP1 TRUE OPY OF ORDER NO.36/10/2017/RLC/TVM DATED 21-03-2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE DATED 21-03-2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 14-03-2017 FILED BY THE PETITIONER APPENDIX OF WP(C) 21667/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO.36/09/2017/RLC/TVM DATED 21.03.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 14.03.2017 FILED BY THE PETITIONER. APPENDIX OF WP(C) 22337/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO.36/78/2017/RLC/TVM DATED 29.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29.03.2017. EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT DATED 02.02.2017. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 22.03.2017. APPENDIX OF WP(C) 22734/2017 PETITIONER'S EXHIBITS
EXHIBITP1 TRUE COPY OF THE ORDER
NO.36.11.2017/RLC/TVM DATED 21.3.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.2.2017;. EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT DATED 15.12.2016. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.3.2017. APPENDIX OF WP(C) 22970/2017 PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF THE ORDER NO.36/13/2017 /RLC/TVM DATED 21.03.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2: TRUE COPY OF THE PAYMENTNOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.03.2017 EXHIBIT P3: TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT DATED 13.12.2016 EXHIBIT P4: TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIOENR DATED 14.03.2017 APPENDIX OF WP(C) 23121/2017 PETITIONER'S EXHIBITS EXHIBIT P1. TRUE COPY OF ORDER NO.36/08/2017/RLC/TVM DATED 21.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2. TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.03.2017. EXHIBIT P3. TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT DATED 18.12.2016. EXHIBIT P4. TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.03.2017. APPENDIX OF WP(C) 23821/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO.36/04/2017/RLC/TVM DATED 21.03.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.03.2017 EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 02ND RESPONDENT DATED 13.12.2016 EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.03.2017. APPENDIX OF WP(C) 24084/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO. ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.3.2017. EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDNET DATED 15.12.2016. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.3.2017. APPENDIX OF WP(C) 25227/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF APPLICATION IN FORM N DATED 09-12-2016 EXHIBIT P2 TRUE COPY OF REPLY STATEMENT IN G.A NO PETITIONER EXHIBIT P3 TRUE COPY OF THE ORDER NO.36/14/2017 RLC/TVM DATED 29-03-2017 EXHIBIT P4 TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY NO 36/14/2017/RLC/TVM DATED 29- 03-2017 APPENDIX OF WP(C) 25880/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF APPLICATION IN FORM N DATED 18.12.2016. EXHIBIT P2 TRUE COPY OF REPLY STATEMENT IN G.A NO.36/02/2017 DATED 20.03.2017. EXHIBIT P3 TRUE COPY OF THE ORDER NO.36/02/2017 RLC/TVM DATED 29.03.2017. EXHIBIT P4 TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY NO.36/02/2017/RLC/TVM DATED 29.03.2017. APPENDIX OF WP(C) 26342/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO. ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER APPENDIX OF WP(C) 31155/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF APPLICATION IN FORM N SUBMITTED BY THE 3RD RESPONDENT DATED 02-02-2017 EXHIBIT P2 TRUE COPY OF REPLY STATEMENT IN G.A NO EXHIBIT P3 TRUE COPY OF THE ORDER NO 36/76/2017 RLC/TVM DATED 29-03-2017 EXHIBIT P4 TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY NO. 36.76/2017/RLC/TVM DATED 29-03-2017 APPENDIX OF WP(C) 31522/2017 PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF APPLICATION IN FORM N SUBMITTED BY THE 3RD RESPONDENT DATED EXHIBIT P2- TRUE COPY OF REPLY STATEMENT IN G.A.NO.36/77/2017/RLC/TVM DATED EXHIBIT P3- TRUE COPY OF THE ORDER NO.36/77/2017 RLC/TVM DATED 29/03/2017. EXHIBIT P4- TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY NO.36/77/2017/RLC/TVM DATED APPENDIX OF WP(C) 21971/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO. ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29.03.2017 EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT DATED 02.02.2017 EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 22.03.2017