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[Cites 6, Cited by 10]

Kerala High Court

Mercy vs State Of Kerala on 3 February, 2021

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      WP(C).No.13382 OF 2020(W)


PETITIONERS:

      1        MERCY, AGED 62 YEARS, PULLOCKARAN VEEDU,
               MURIYAD P.O., THRISSUR DISTRICT-680 683

      2        VILASINI .R.K., W/O. SUBRAMANIAN, POOKKADAN HOUSE,
               NEAR ALATHOOR S.N.D.P., ANANDAPURAM.P.O., THRISSUR-
               680 305

      3        ELSY @ ELYA, W/O. RAPPAI, CHAKKANATH AMMANAN HOUSE,
               MURIYAD P.O., PAREKKATTUKARA, THRISSUR-680 683

      4        LEELA, D/O.UNNICHEERA, KOLATHAPILLY HOUSE,
               MURIYAD P.O., THRISSUR,-680 683

      5        ANNIE, W/O. PAULOSE, VARAPPUZHAKKARAN HOUSE,
               POTTA P.O., THRISSUR-680 722

      6        AMMINI, W/O. RAMAKRISHNAN, KALAMKOLI HOUSE,
               GANDHIGRAM, IRINJALAKUDA P.O., THRISSUR-680 121

      7        ELSY THOMAS, W/O. THOMAS .K.K.,
               KACHAPPILLY HOUSE, NEAR KODAKARA CHURCH,
               PERAMBRA P.O., THRISSUR-680 689

      8        NIRMALA.M.K., D/O. KUNJAYYAPPAN, MADATHIKKARA HOUSE,
               PULLUR P.O., , THRISSUR-680 683

      9        MARY, W/O. ANTONY, MALIAKKAL HOUSE, MURIYAD P.O., ,
               THRISSUR-680 683

      10       VALSALA, W/O. NARAYANAN, KOLATHAPPILLY HOUSE, MURIYAD
               P.O, , THRISSUR-680 683

      11       RAMANI, W/O. UNNICHEKKAN, THEYINATHOODAN HOUSE,
               MANAKULANGARA, KODAKARA P.O., THRISSUR-680 684

      12       LILLY, KANNAMPULLY HOUSE, PARAKKATTUKARA,
               MURIYAD P.O., , THRISSUR-680 683

      13       DEVU SEKHARAN, W/O. SEKHARAN, KOTTAPPURATHU HOUSE,
               ANANDAPURAM P.O, , THRISSUR-680 305
 WP(C).No.13382 OF 2020(W)

                                    2

        14       SUSEELA, W/O. VELAYUDHAN NAIR, KUZHIKKATTUPURATH
                 HOUSE, MURIYAD P.O., THRISSUR-680 683

        15       SELEENA, W/O. JOSE, MANJALI HOUSE, MURIYAD P.O.,,
                 THRISSUR DISTRICT-680 683

        16       VALSALA CHANDRAN, W/O. CHANDRAN, ALOTH HOUSE,
                 ALATHUR, ANANDAPURAM P.O., , THRISSUR-680 305

        17       MARY N.K., W/O. VINCENT, AKKARAKKARAN HOUSE,
                 MADAYIKKONAM P.O., MAPRANAM, THRISSUR-680 712

        18       ROSILY.T.M., ECHARATH HOUSE, THARAYILAKKAD,
                 ANANDAPURAM P.O., , THRISSUR-680 305

        19       PHILOMINA, W/O JOSEPH, KALATHINGAL HOUSE,
                 PAREKKATTUKARA, MURIYAD P.O., , THRISSUR-680 683

        20       MARY, W/O. YOHANNAN, KOZHINJILIKKADAN HOUSE,
                 PULLUR P.O. , THRISSUR-680 683

        21       RAMANI, W/O. SREEDHARAN.K.V., KARINGATTIL HOUSE,
                 MANKULANGARA P.O., , THRISSUR-680 684

        22       KALLYANI, W/O. RAVI, CHETTIYAMPARAMBIL VEEDU,
                 KODALI P.O., MATTATHUR, , THRISSUR

        23       RADHA, THUMBARATHI VEEDU, MURIYAD P.O., , THRISSUR
                 DISTRICT -680 683

        24       VALSALA.K.K., W/O SASI.M.V., MANAKKATTUMPADI VEEDU,
                 PULLUR P.O., THRISSUR DISTRICT-680 683

        25       ELSY, W/O. POULOSE, KANNAMBULLY HOUSE,
                 MURIYAD P.O., THRISSUR-680 683

        26       VALSALA, W/O. KUMARAN, MULLASSERY HOUSE,
                 ANANDAPURAM .P.O., , THRISSUR-680 305

        27       KOCHUTHRESSYA, W/O. KOCHU LONAPPAN, MARATHAPILLY
                 HOUSE, MURIYAD P.O., THRISSUR-680 683

        28       ELSY, W/O. DAVASSIKUTTY, KUTTIKKADAN HOUSE,
                 KADUPPASSERY, KALLETTUMKARA, IRINJALAKUDA,
                 THRISSUR-680 683

        29       OMANA, W/O. THOMAS, OLATTUPURATH HOUSE, MURIYAD
 WP(C).No.13382 OF 2020(W)

                                    3

                 P.O., THRISSUR-680 683

        30       THANKAMANI, W/O. BHASKARAN, VIYYATH HOUSE, MURIYAD
                 P.O., THRISSUR-680 683

        31       THRESSYA, W/O. OUSEPH, KALAN HOUSE, NELLAYI P.O., ,
                 THRISSUR-680 305

        32       OMANA, W/O. BALAN, CHERUPARAMBIL HOUSE,
                 ANANDAPURAM P.O., THRISSUR-680 305

        33       THRESSYAMA, W/O. GEORGE, KOONAN VEEDU,
                 MURIYAD P.O., THRISSUR-680 683

        34       ROSY, W/O. AUGUSTINE.K.P., KANNAMKULATHI HOUSE,
                 ANANDAPURAM P.O., THRISSUR-680 305

        35       VALSALA, W/O.MOHAN.P.,POZHANGODATH HOUSE,
                 ANANDAPURAM P.O., , THRISSUR-680 305

        36       ANNIE, W/O. DEVASSY, ELLIKKAL HOUSE, ANANDAPURAM
                 P.O., THRISSUR-680 305

        37       ELIYA, W/O. ANTONY, PARAMBI HOUSE, ANANDAPURAM
                 P.O., THRISSUR-680 305

        38       BHARGAVI, D/O. AMMUKUTTY, VADAKKOOTTU VEEDU,
                 MURIYAD P.O., THRISSUR-680 683

        39       CHANDRIKA, W/O. GOVINDAN NAIR, MADATHIL VEEDU,
                 MURIYAD P.O., , THRISSUR-680 683

        40       MERCY @ SEENATH BADHAR
                 W/O. BADHAR, KANJIRAPPARAMBIL VEEDU, KALLETTUMKARA
                 P.O., MANATHKUNNU , THRISSUR-680 683

        41       OMANA, W/O. RAGHAVAN, CHERPUKKARAN VEEDU, MURIYAD
                 P.O, THRISSUR-680 683

        42       REMANI, W/O. MANOHARAN, MANAKKATTUPADI VEEDU,
                 PANJAPPILLY ,ALUR, THRISSUR-680 683

                 SRI.BABU KARUKAPADATH
                 SHRI.P.U.VINOD KUMAR
                 SMT.ARYA RAGHUNATH
                 SMT.VAISAKHI V.
 WP(C).No.13382 OF 2020(W)

                                    4

RESPONDENTS:

        1        STATE OF KERALA
                 REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT
                 OF INDUSTRIES , GOVERNMENT SECRETARIAT,
                 THIRUVANANTHAPURAM-695 001

        2        KERALA STATE CASHEW DEVELOPMENT CORPORATIONS
                 P.B.NO.13,KOLLAM-691 001, REPRESENTED BY ITS
                 CHAIRMAN/MANAGING DIRECTOR

        3        VIJAYALAKSHMI CASHEW COMPANY,
                 MURIYAD, THRISSUR-680 001, REPRESENTED BY ITS
                 MANAGER

                 SRI.VIPIN P.VARGHESE
                 SMT. DHANYA T MALLAR
                 SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.13382 OF 2020(W)

                                       5


                                  JUDGMENT

Dated this the 3rd day of February 2021 The petitioners have approached this Court on the strength of Exts.P1 to P42 orders issued by the Gratuity Controlling Authority/Deputy Labour Commissioner, Thrissur, which has been issued under Section 7(4) of the Payment of Gratuity Act, 1972 (for short, 'the Act'), whereby, certain amounts have been ordered to be paid to them by the second respondent - Kerala State Cashew Development Corporation (for short, 'the Cashew Corporation').

2. The petitioners say that they were earlier constrained to approach the Gratuity Controlling Authority since the third respondent - "Vijayalakshmi Cashew Company" did not disburse gratuity to them for the period when the Cashew Corporation had taken over the said company, saying that they are not responsible for the same and that it is the Cashew Corporation which will have to honour it.

3. The petitioners say that they were employees of the third respondent - Company, whose factory was taken over by the second respondent, along with 35 other factories, during the period from 1988 to 1994 and that it was returned to the WP(C).No.13382 OF 2020(W) 6 said respondent only on 25.05.1994, on the basis of a judgment of the Hon'ble Supreme Court. They submit that consequent to the directions in this judgment, this Court disposed of several cases relating to the gratuity payable to the cashew workers as per a judgment in W.A.No.887/1992, ordering that they be paid on "pro-rata principle", reckoning the spell of service rendered by them under the respective employers.

4. The petitioner further say that the aforementioned judgment of this Court in W.A.No.887/1992 was, thereafter, confirmed by the Hon'ble Supreme Court and therefore, that the liability to pay gratuity for the period from 06.07.1988 to 31.05.1994 is solely on the second respondent - Cashew Corporation. They thus pray that the second respondent be directed to honour the payments as ordered by the Gratuity Controlling Authority at the earliest.

5. In response to the submissions made on behalf of the petitioner by their learned counsel - Smt.Vaheeda Babu, the learned standing counsel for the second respondent - Sri.Vipin P. Varghese, submitted that a counter affidavit has been filed on record by his client wherein, it has been explained as to WP(C).No.13382 OF 2020(W) 7 why they are not in a position to honour the directions in Exts.P1 to P42 orders of the Gratuity Controlling Authority and explains that if it is done, the Cashew Corporation will have to close down on account of severe financial constraints. He submitted that the specific answer of the Cashew Corporation to the claims of the petitioners in this writ petition are available in paragraphs 15, 16 and 17 of their counter affidavit which are as under:

"15. The allegation of the petitioners that they approached the Gratuity Controlling Authority, Thrissur/Deputy Labour Commissioner, Thrissur by filing Gratuity cases under section 7(4) of the Payment of Gratuity Act 1972 which was awarded favorably based on pro-rata principle directing payment of arrears of gratuity to the petitioners within a period of 30 days and that no steps are taken by the 2 nd Respondent to disburse the gratuity is false and hence, denied. It may be noted that in the Order passed by the DLO/Gratuity Controlling Authority, Thrissur in GC 1/2017, GC 3/2017 to GC 34/2017, GC 86/2017 to GC 90/2017, GC 96/2017, GC 98/2017 to GC 100/2017, the Gratuity amount in each case was calculated as their last drawn wages at the 3rd Respondent Company at the time of their retirement. Last drawn wages at the time of return of factory in 1994 was not taken into consideration. Pursuant to the judgment dated 25.10.99 of the Hon'ble High Court of Kerala, the 2 nd Respondent is liable to pay Gratuity only fixed on pro- rata basis. The calculation by the DLO/Gratuity Controlling Authority, Thrissur cannot be entertained as it is against the said judgment of the Hon'ble High Court.
16. With regard to the allegation made by the petitioners that similarly placed Cashew workers were WP(C).No.13382 OF 2020(W) 8 given full amount and that in a similar case filed by cashew workers in W.P.(C) No.27694/2016 and subsequently the contempt case in 1722/2017, the Hon'ble High Court directed to discharge the entire liability and that the 2nd Respondent has discharged the entire liability of 3 employees in contempt case, it is submitted that the 2nd Respondent is totally dependent on the Government of Kerala for financial assistance to meet the above long pending liability to pay Gratuity. It is also submitted that Gratuity to retired employees are disbursed with no discrimination, on the sanctioning of special limited funds by the Government from time to time. The 2 nd Respondent has filed a Writ petition vide No 27906/2018 before the Hon'ble High Court against recovery notices issued by Deputy Tahasildar, Kollam which is now pending before Hon'ble High Court. The allegation of the petitioner that the inaction on the part of the 2nd Respondent in not disbursing Gratuity fixed by an Hon'ble Authority is violative of Articles 14, 19, 21 and 300A of the Constitution of India is false and hence, denied.
17. It may please be noted that if the Order passed by the Gratuity Controlling Authority is complied with, it will lead to irreparable loss to the 2nd Respondent. The 2nd Respondent runs all its factories only with the working capital allotted by the Government in the budget. The heavy burden being imposed on the 2nd Respondent, to pay the gratuity to thousands of employees who had long innings of service under the owners of the private factories taken over by the Government and entrusted with the 2nd Respondent which was later found to be null and void irrespective of the period of service rendered under the 2nd Respondent as cited in the said Order, will lead to closing of the factories. Hence, it is submitted that such Order will affect the fundamental right of the 2 nd Respondent under Article 19(1)(g) of the Constitution of India."

6. Sri.Vipin P.Varghese, therefore, prayed that this writ petition be dismissed.

WP(C).No.13382 OF 2020(W) 9

7. When I evaluate the dialectical contentions of the parties, as argued by the learned counsel recorded above, it is without doubt - it being admitted - that Exts.P1 to P42 orders have been issued by the Gratuity Controlling Authority, Thrissur, validly and in exercise of powers under the Act.

Obviously therefore, unless the Cashew Corporation challenges it appropriately and is able to have the same reversed or modified, they cannot sit back and say that the said orders will not be complied with by them, solely because they will be in a financial crisis. The averments in the counter affidavit, which are extracted above, would indubitably show that the Cashew Corporation does not, in any manner, challenge Exts.P1 to P42 orders of the Gratuity Controlling Authority but only says that if they are forced to comply with the same, it will cause them financial crisis.

8. I am afraid that such submissions made on behalf of the second respondent cannot appeal to me, because orders issued by the Gratuity Controlling Authority under the applicable law cannot be disregarded by them unilaterally saying that it will push him into financial crisis. If they had any such case or if they have a contention that the said orders WP(C).No.13382 OF 2020(W) 10 are not proper or valid in law, their remedy would have been to challenge the same appropriately, rather than to unilaterally jettison it and say that they are not bound by the same.

9. I have no doubt that Exts.P1 to P42 orders are binding on the Cashew Corporation as long as it is not challenged or assailed by them; and consequently, that the averments in the counter affidavit cannot be granted any favour.

In the afore circumstances, I order this writ petition and direct the second respondent to comply with the directions in Exts.P1 to P42 orders of the Gratuity Controlling Authority, Thrissur at the earliest but not later than four months from the date of receipt of a copy of this judgment.

Sd/- DEVAN RAMACHANDRAN Stu JUDGE WP(C).No.13382 OF 2020(W) 11 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.1/2017 FILED BY THE 1ST PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.27,082/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.3/2017 FILED BY THE 2ND PETITIONER, DIRECTING PAYMENT OF AN AMOUNT OF RS.20,668/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.4/2017 FILED BY THE 3RD PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.21,970/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.5/2017 FILED BY THE 4TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.19,683/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.6/2017 FILED BY THE 5TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.20,197/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR WP(C).No.13382 OF 2020(W) 12 COMMISSIONER, THRISSUR IN G.C.NO.7/2017 FILED BY THE 6TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.15,368/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.8/2017 FILED BY THE 7TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.26,749/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.9/2017 FILED BY THE 8TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.20,596/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.10/2017 FILED BY THE 9TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.13,052/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.11/2017 FILED BY THE 10TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.18,995/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.12/2017 FILED BY THE 11TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.18,850/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 WP(C).No.13382 OF 2020(W) 13 THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.13/2017 FILED BY THE 12TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.9,833/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.14/2017 FILED BY THE 13TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.15,400/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.15/2017 FILED BY THE 14TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.15,327/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P15 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.16/2017 FILED BY THE 15TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.13,833/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.17/2017 FILED BY THE 16TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.27,158/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.18/2017 WP(C).No.13382 OF 2020(W) 14 FILED BY THE 17TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.19,739/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P18 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.19/2017 FILED BY THE 18TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.10,454/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P19 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.20/2017 FILED BY THE 19TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.21,065/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P20 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.21/2017 FILED BY THE 20TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.24,210/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P21 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.22/2017 FILED BY THE 21ST PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.19,221/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P22 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.23/2017 FILED BY THE 22ND PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.25,822/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM WP(C).No.13382 OF 2020(W) 15 17.12.2016 EXHIBIT P23 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.24/2017 FILED BY THE 23RD PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.15,204/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P24 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.25/2017 FILED BY THE 24TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.18,962/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P25 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.26/2017 FILED BY THE 25TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.20,820/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P26 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.27/2017 FILED BY THE 26TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.21,718/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P27 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.28/2017 FILED BY THE 27TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.25,314/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 WP(C).No.13382 OF 2020(W) 16 THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.29/2017 FILED BY THE 28TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.20,780/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P29 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.30/2017 FILED BY THE 29TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.21,330/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P30 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.31/2017 FILED BY THE 30TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.19,230/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P31 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.32/2017 FILED BY THE 31ST PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.19,188/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P32 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.33/2017 FILED BY THE 32ND PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.20,711/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P33 A TRUE COPY OF THE ORDER DATED 19.02.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.34/2017 WP(C).No.13382 OF 2020(W) 17 FILED BY THE 33RD PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.26,890/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 17.12.2016 EXHIBIT P34 A TRUE COPY OF THE ORDER DATED 30.04.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.96/2017 FILED BY THE 34TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.19,215/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 04.08.2017 EXHIBIT P35 A TRUE COPY OF THE ORDER DATED 30.04.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.98/2017 FILED BY THE 35TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.17,853/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 04.08.2017 EXHIBIT P36 A TRUE COPY OF THE ORDER DATED 30.04.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.99/2017 FILED BY THE 36TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.22,399/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 04.08.2017 EXHIBIT P37 A TRUE COPY OF THE ORDER DATED 30.04.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.100/2017 FILED BY THE 37TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.9,934/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 04.08.2017 EXHIBIT P38 A TRUE COPY OF THE ORDER DATED 16.07.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.86/2018 FILED BY THE 38TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.13,442/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM WP(C).No.13382 OF 2020(W) 18 23.04.2018 EXHIBIT P39 A TRUE COPY OF THE ORDER DATED 16.07.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.87/2018 FILED BY THE 39TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.12,161/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 23.04.2018 EXHIBIT P40 A TRUE COPY OF THE ORDER DATED 16.07.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.88/2018 FILED BY THE 40TH PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.11,192/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 23.04.2018 EXHIBIT P41 A TRUE COPY OF THE ORDER DATED 16.07.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.89/2018 FILED BY THE 41ST PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.13,298/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 23.04.2018 EXHIBIT P42 A TRUE COPY OF THE ORDER DATED 16.07.2019 OF THE HON'BLE GRATUITY CONTROLLING AUTHORITY,THRISSUR/DEPUTY LABOUR COMMISSIONER, THRISSUR IN G.C.NO.90/2018 FILED BY THE 42ND PETITIONER DIRECTING PAYMENT OF AN AMOUNT OF RS.17,476/- WITHIN A PERIOD OF 30 DAYS WITH 10% INTEREST FROM 23.04.2018 EXHIBIT P43 A TRUE COPY OF THE JUDGMENT DATED 15.12.2016 IN W.P(C) NO.27694/2016 BEFORE THE HON'BLE HIGH COURT OF KERALA EXHIBIT P44 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT, WHICH WAS PRODUCED BEFORE THE CONTROLLING AUTHORITY BY THE 1ST PETITIONER AS EXHIBIT A1.