Kerala High Court
K.Prakasan vs The Kerala Small Industries ... on 18 October, 2013
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 18TH DAY OF NOVEMBER 2014/27TH KARTHIKA, 1936
WP(C).No. 30206 of 2014 (A)
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PETITIONER :
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K.PRAKASAN, AGED 59 YEARS,
SWAMIJI NIVAS, KURATHADATH, RARICHAN ROAD,
ERANHIPALAM P.O., CALICUT - 673 006.
BY ADV. SRI.SEBASTIAN DAVIS
RESPONDENT :
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THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
SIDCO, REPRESENTED BY ITS MANAGING DIRECTOR,
P.B. NO. 50, HOUSING BOARD BUILDING, SHANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
BY ADV. SRI.R.T.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-11-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
WP(C).No. 30206 of 2014 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: TRUE COPY OF THE PROCEEDINGS DATED 18/10/2013.
EXHIBIT-P2: TRUE COPY OF THE NOTICE DATED 23/08/2014 ISSUED TO THE
RESPONDENT.
EXHIBIT-P3: TRUE COPY OF THE JUDGMENT DATED 20/08/2014 IN
W.P(C) 18117/2014.
RESPONDENT(S)' EXHIBITS : NIL.
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//TRUE COPY//
P.A. TO JUDGE
bp
K. VINOD CHANDRAN, J.
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W.P.(C) No.30206 of 2014 - A
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Dated this the 18th day of November, 2014
J U D G M E N T
The issue relates to the enhancement of maximum limit of gratuity as per the Payment of Gratuity Act, 1972 from Rs.3,50,000/- to Rs.10,00,000/-. The petitioner is said to be entitled to Rs.4,20,000/-, going by the provision for payment of gratuity computed on the basis of a half month salary for every completed year of service. However, the petitioner has paid Rs.3,50,000/-, since, earlier limit prescribed as for that. The petitioner claims payment of the balance amounts since, there is a revision now in the maximum limit as per the Act 1972. In fact there was an earlier decision of this Court in W.P.(C) No. 18117 of 2014, with respect to four other employees wherein, the management was directed to take a decision within a period of two months from 20.08.2014.
W.P.(C) No.30206 of 2014 - A 2
2. In any event, the learned Standing Counsel appearing for the respondent would submit that in fact pursuant to Ext.P3, the management of the respondent had referred the matter to the Government. The Government had instructed the Corporation itself to take a decision on the same. The learned Counsel also submits that it would definitely placed before the next meeting of the Board of Directors' convened and a decision taken positively within a period of two months.
3. In such circumstance, the undertaking made on behalf of the respondent is recorded and there shall be a positive direction to take such decisions within two months from today and definitely if the decision is in favour of the petitioner paid the amounts within one month thereafter.
The writ petition is disposed of.
K. VINOD CHANDRAN, JUDGE SB