Kerala High Court
Bharathiya Vidya Bhavan vs Unnikrishnan K
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 15TH DAY OF JUNE 2017/25TH JYAISHTA, 1939
WP(C).No. 7226 of 2012 (C)
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PETITIONER:
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BHARATHIYA VIDYA BHAVAN,
OFFICE OF VIDYA BHAVAN SCHOOL,THIRUVAMBADI BUILDING,
ROUND WEST,THRISSUR,REPRESENTED BY THE SECRETARY.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.P.BENNY THOMAS
SRI.K.JOHN MATHAI
RESPONDENT(S):
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1. UNNIKRISHNAN K,
S/O.LATE KRISHNA MENON,KUNNAMBKUMARATH HOUSE,
KRISHNA KRIPA,AYYANTHOLE.P.O,THRISSUR DISTRICT,
PIN-680001.
2. THE CONTROLLING AUTHORITY,
UNDER THE PAYMENT OF GRATUITY ACT,1972(DISTRICT
LABOUR OFFICER),THRISSUR-680001.
3. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY
ACT, 1972,(REGIONAL JOINT LABOUR COMMISSIONER),KAKKANAD,
PIN-682030.
R1 BY ADV. SRI.MANU GOVIND
R2 & R3 BY GOVERNMENT PLEADER SRI. RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 15-06-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sdr/-
WP(C).No. 7226 of 2012 (C)
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APPENDIX
PETITIONER(S) EXHIBITS
EXT-P1 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF
BHARATHIYA VIDYA BHAVAN,DATED 20.04.39.
EXT-P2 TRUE COPY OF THE APPLICATION FOR GRATUITY FILED BY
THE IST RESPONDENT DATED 26.10.2000 BEFORE THE
2ND RESPONDENT.
EXT-P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 08.03.2001
FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. IN
G.C.32 OF 2000.
EXT-P4 TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT 22.03.2004
FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT N GC 32/00
EXT-P5 TRUE COPY OF THE ORDER DATED 08.02.2006 PASSED BY
THE 2ND RESPONDENT G.C.NO.32 OF 2000.
EXT-P6 TRUE COPY OF THE APPEAL MEMORANDUM DATED 17.11.2006
FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXT-P7 TRUE COPY OF THE ORDER DATED 22.12.2010 PASSED BY THE
3RD RESPONDENT IN G.A.182 OF 2007.
RESPONDENTS' EXHIBITS NIL
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/TRUE COPY/
PA TO JUDGE
sdr/-
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.7226/2012
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Dated this the 15th day of June, 2017
J U D G M E N T
The petitioner is a school. The first respondent was the employee of the school. Claiming gratuity, the first respondent approached the second respondent with Exhibit-P2, which is stated to be pending. The petitioner raised a written statement and primary objection stating that the appropriate government is the Central Government and therefore, the application is not maintainable before the State authority. The preliminary order passed in the matter overruled the objection. It is challenging this order, the petitioner has approached this court.
2. The learned counsel for the first respondent, even though disputes the claim of the petitioner, submits that the appropriate government is the Central government and he concedes the jurisdiction of the Assistant Labour Commissioner (Central), Ernakulam for adjudicating the disputes to put a quietus to all issues. The petitioner also said that in view of the above WPC 7226/2012 -:2:- submission, they will not raise any objection regarding jurisdiction of ALC (Central), Ernakulam. In the light submissions as above, the writ petition is disposed of with following directions:
The second respondent is directed to forward the entire records relating to the application filed by the first respondent to the ALC (Central), Ernakulam, Kendriya Shram Sadan, Oolimughal, Kakanad, Cochin-682030 within a period of six weeks. The parties shall appear before the ALC (Central), Ernakulam on 31/7/2017. Thereafter, the ALC (Central), Ernakulam shall dispose of the application within a further period of two months.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms