Kerala High Court
Korah Mathews vs Union Of India
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 20TH DAY OF NOVEMBER 2014/29TH KARTHIKA, 1936
WP(C).No. 12473 of 2012 (H)
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PETITIONER(S):
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KORAH MATHEWS, AGED 48 YEARS
S/O.J.K..MATHEWS, RESIDING AT MODAYIL HOUSE
MALLAPPALLY WEST.P.O,PATHANAMTHITTA-689585.
BY ADVS.SRI.B.ASHOK SHENOY
SMT.LAKSHMI B.SHENOY
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GOVERNMENT OF INDIA, MINISTRY OF LABOUR,
SHRAM SHAKTIBHAVAN, RAFI MARG, NEW DELHI-110 001.
2. THE ASSISTANT LABOUR COMMISSIONERN(CENTRAL),
OFFICE OF THE REGIONAL LABOUR COMMISSIONER (CENTRAL)
KENDRIYA SHRAM SADAN, OLIMUGHAL, KAKKANAD,
KOCHI-682030.
3. SKYPAK SERVICE SPECIALISTS LTD.,
7C SENIOR ESTATE, PARSI PANCHAYATH ROAD, ANDHERI (EAST)
MUMBAI-400069.
R1,R2 BY ADV. SRI.T.SANJAY, CGC
R1,R2 BY SRI.NAGARESH, ASG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-11-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 12473 of 2012 (H)
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APPENDIX
PETITIONER(S) EXHIBITS
EXT-P1 TRUE COPY OF THE ORDER DATED 02.11.2010 PASSED BY THE 2ND
RESPONDENT IN G.A.48/1/2010/D2.
EXT-P2 TRUE COPY OF THE APPLICATION IN G.A.48/1/2010/D2,
DATED 04.01.2011 SUBMITTED BEFORE 2ND RESPONDENT BY
PETITIONER.
EXT-P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 13.05.2011 ISSUED
BY 2ND RESPONDENT TO 3RD RESPONDENT.
EXT-P4 TRUE COPY OF THE REPRESENTATION DATD 30.01.2012 SUBMITTED
BY PETITIONER TO 2ND RESPONDENT.
EXT-P5 TRUE COPY OF REPRESENTATION DATED 15.03.2012 SUBMITTED BY
PETITIONER TO 2ND RESPONDENT.
RESPONDENTS' EXHIBITS
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EXT.R1(A) TRUE COPY OF THE NOTICE DATED 2/7/12.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K.Vinod Chandran, J.
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W.P.(C).No.12473 of 2012-H
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Dated this the 20th day of November, 2014
JUDGMENT
The petitioner is aggrieved with the delay in recovery of the amounts granted as per Exhibit P1 decision of the Controlling Authority and Assistant Labour Commissioner (Central), Ernakulam. The petitioner filed the above writ petition seeking expeditious steps for recovery of the gratuity amount and also consideration of Exhibit P5, in which he had sought for initiating prosecution under Section 11(1) of the Payment of Gratuity Act, 1972.
2. The 2nd respondent has filed a statement, wherein it has been stated that recovery proceedings have been initiated on 02.07.2012 by sending a requisition to the District Collector, Mumbai.
3. Obviously the said recovery proceedings have been initiated after the above writ petition was filed. The 2nd respondent shall follow up the requisition made to the District Collector, Mumbai as also consider Exhibit P5 application and WP(C).No.12473 of 2012 - 2 - initiate prosecution within a period of three weeks from the date of receipt of a certified copy of this judgment. The petitioner shall produce the certified copy of the judgment before the 2nd respondent, for compliance.
The writ petition is disposed of as above.
Sd/-
K.Vinod Chandran, Judge vku.
( true copy )