2025:KER:29823 WP(C) No.12600 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7 TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12600 OF 2025 PETITIONER: P.G. SREENIVASAN AGED 75 YEARS S/O. GOPALAN PULIKKAL HOUSE, BINANIPURAM P.O., KODUNGALLOOR VILLAGE, ALUVA TALUK, PIN - 683502 BY ADV ANANDAN PILLAI RESPONDENTS: 1 DEPUTY LABOUR COMMISSIONER (GRATUITY CONTROLLING AUTHORITY UNDER THE PAYMENT GRATUITY ACT. 1972) COLLECTORATE (CIVIL LINES) KAKKANAD ERNAKULAM, PIN - 682030 2 REGIONAL JOINT LABOUR COMMISSIONER APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, COLLECTORATE (CIVIL LINES) KAKKANAD, ERNAKULAM, PIN - 682030 3 REVENUE RECOVERY TAHASILDAR KANAYANOOR, ERNAKULAM,DISTRICT, PIN - 682312 4 SHILPI REALATORS AND CONTRACTORS PVT. LTD. REPRESENTED BY ITS MANAGING PARTNER. PENTA SQUARE, AND FLOOR, M.G. ROAD, ERNAKULAM PRESENT RESIDENTIAL ADDRESS OPP. SPICES AVENUE APARTMENTS, SPICES STREET ROAD NEAR VEERATH APARTMENTS, PIN - 682035 2025:KER:29823 WP(C) No.12600 of 2025 2 5 SRI EDISON F. MANAGING PARTNER SHILPI REALTORS AND CONTRACTORS PVT. LTD, PENTA SQUARE 2TM FLOOR, M.G. ROAD, ERNAKULAM, PIN - 682035 6 SMT. LINDA CHRYSTAL GEORGE, PARTNER. SHILPI REALATORS & CONTRACTORS PVT. LTD., PRESENT RESIDENTIAL ADDRESS C/O. SOJI SAMUEL SHILPI, ST. NICHOLAS CHURCH, PADAMUGAL VAZHAKKALA, ERNAKULAM, PIN - 682021 BY SMT.SHEEJA C.S., SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29823 WP(C) No.12600 of 2025 3 JUDGMENT The petitioner states that he was an employee of the 4 th respondent. He filed an application for payment of gratuity before the 1 st respondent Controlling Authority. The 1 st respondent, by Ext.P1, directed the 4 th respondent to pay an amount of Rs.3,05,550/- as gratuity to the petitioner with 10% interest. 2. The grievance of the petitioner is that though Ext.P1 order was passed as early as on 24.12.2022, the amounts due thereunder are not disbursed to him. The petitioner also referred to Ext.P4 communication of the Controlling Authority addressed to the District Collector stating that the 4 th respondent has preferred an appeal against Ext.P1 and had made deposit as contemplated under the second proviso to Section 7(7) of the Payment of Gratuity Act, 1972. The petitioner has filed this writ petition for the following reliefs: 1) To declare that the appeal is hopelessly barred by limitation, it is incompetent and not maintainable. 2025:KER:29823 WP(C) No.12600 of 2025 4 2) To direct Revenue Recovery Tahasildar to initiate speedy revenue recovery proceedings against respondents 4 to 6. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. In the nature of the order I propose to pass, notice to respondents 4 to 6 are dispensed with. 4. When the writ petition came up for admission on 27.03.2025, this Court directed the learned Government Pleader to get instructions as to the status of the appeal filed against Ext.P1 order referred to in Ext.P4. 5. The learned Government Pleader submits that the appeal was posted on 03.04.2025 and has been adjourned to 08.05.2025. Since the appeal filed against Ext.P1 is pending consideration before the 2 nd respondent, there will be a direction to the 2 nd respondent to dispose of the appeal as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after hearing the 2025:KER:29823 WP(C) No.12600 of 2025 5 petitioner and the respondents 5 and 6. The petitioner shall produce a copy of this judgment before the 2 nd respondent within 10 days. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29823 WP(C) No.12600 of 2025 6 APPENDIX OF WP(C) 12600/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER GC 301/2018 DATED 24-12-2022 Exhibit P2 A TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY IN CASE NO. GC NO. 301/2018 DATED 24.12.2022 Exhibit P3 A TRUE COPY OF THE APPLICATION FOR RECOVERY OF GRATUITY FORM NO.1 (RULE NO.19) IN GC NO. 301/2018 DATED 22.07.2024 Exhibit P4 A TRUE COPY OF THE REQUEST RECEIVED FROM CONTROLLING AUTHORITY AND DEPUTY LABOUR COMMISSIONER ERNAKULAM TO STOP THE REVENUE RECOVERY PROCEEDINGS DATED 04.09.2024 Exhibit P5 A TRUE COPY OF THE LETTER TO THE REGIONAL JOINT LABOUR COMMISSIONER IN CONNECTION WITH APPEAL HEARING DATED 12.11.2024