2025:KER:24896 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 10501 OF 2025 PETITIONER: MANAGER INTERNATIONAL INDIAN SCHOOL KALLIKANDY KANNUR REPRESENTED BY ZUBAIR M. S/O. KUTTIALI, PIN – 670 693. BY ADVS. K.MOHANAKANNAN ADARSH MOHAN K. RESPONDENTS: 1 DEPUTY LABOUR COMMISSIONER (CONTROLLING OFFICER UNDER THE PAYMENT OF GRATUITY ACT) OFFICE AT THAVAKKARA KANNUR, PIN – 670 002. 2 SHYJA P. M D/O. KUMARAN GOVINDAM EAST KOLLUR ITI JUNCTION CHOKLI P. O KANNUR, PIN – 670 672. SMT. RESMI THOMAS - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24896 WP(C) NO.10501 OF 2025 2 JUDGMENT This writ petition is filed challenging Ext.P12 order whereby the 1st respondent, the controlling authority under the Payment of Gratuity Act, 1972 (for short, ‘the Act’) has condoned the delay of eight years in filing application for payment of gratuity by the 2nd respondent. 2. The controlling authority held that as per Section 4 of the Act, it is the statutory obligation of the employer to pay the gratuity due to an employee on termination of his employment even without an application made by the employee. 3. It is contended by the petitioner that there is absolutely no justification for condoning the inordinate delay of eight years in filing the application for payment of gratuity. 2025:KER:24896 WP(C) NO.10501 OF 2025 3 4. Ext.P12 is only a preliminary order. It is trite that in cases arising from labour welfare legislations, all issues whether preliminary or otherwise should be decided together and even if a decision is rendered on preliminary issue, the Court shall not intervene at the interlocutory stage under Article 226 of the Constitution of India. Ext.P12 is capable of being challenged along with final order. Accordingly, leaving open the right of the petitioner to challenge the final order, if aggrieved, this writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:24896 WP(C) NO.10501 OF 2025 4 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE NOTICE APPLICATION DATED 03.05.2024 OF THE 2 ND RESPONDENT BEFORE THE 1ST RESPONDENT UNDER THE GRATUITY ACT. EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED IN SUPPORT OF IA NO. 83/2024 WITH TYPED COPY. EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN GC33/24. EXHIBIT P4 TRUE COPY OF THE THE COUNTER STATEMENT FILED IN IA NO. 83/24. EXHIBIT P5 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN GC33/24. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE COURT. EXHIBIT P7 TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER WITH AFFIDAVIT OF THE COUNSEL DATED 20.12.2024. EXHIBIT P8 TRUE COPY OF THE DEPOSITION OF THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT FILED BY PETITIONER IN 33/24 - WITH TYPED COPY. EXHIBIT P10 TRUE COPY OF THE LETTER SENT BY SHYJA TO PRINCIPAL INTERNATIONAL INDIAN SCHOOL DATED 31/3/2016. EXHIBIT P11 TRUE COPY OF THE LETTER SHYJA TO PRINCIPAL INTERNATIONAL INDIAN SCHOOL DATE 31/3/2016. EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS IN IA 83/2024 IN GS33/24 DATED 30.01.2024. RESPONDENT S EXHIBITS: - NIL.