Kerala High Court
The Bharath Sanchar Nigal Ltd. vs Tony K. John on 12 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
OP (CAT) NO. 125 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
OP (CAT) NO. 125 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 10.02.2023 IN OA NO.603 OF
2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/RESPONDENTS 1 TO 4 IN OA:
1 THE BHARATH SANCHAR NIGAL LTD.,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
BHARAT SANCHAR BHAVAN, HAREESH CHANDRA MATHUR LANE,
JANPATH, NEW DELHI -110001.
2 THE DGM (CORPORATE ACCOUNTS AND FINANCE),
BHARAT SANCHAR BHAVAN, HAREESH CHANDRA MATHUR LANE,
JANPATH, NEW DELHI, PIN - 110001
3 ACCOUNTS OFFICER (ESTABLISHMENT),
O/O GMTD, BSNL KOLLAM SSA, BSNL BHAVAN,
VELLAYITTAMBALAM, KOLLAM, PIN - 691012
4 ACCOUNTS OFFICER (ESTABLISHMENT),
O/O GMTD, BSNL KANNUR SSA, KANNUR, PIN - 670002
BY ADV THANUJA ROSHAN
RESPONDENTS/APPLICANTS 1 TO 3 IN OA:
1 TONY K. JOHN,
AGED 32 YEARS
S/O. KUNJUMON JOHN, FORMER JUNIOR ENGINEER,
BSNL, KOLLAM SSA, KERALA CIRCLE,
RESIDING AT TONY BHAVAN,KARIPPURAM,
MUKKOODE P.O MULAVANA,
KOLLAM, KERALA-691503
OP (CAT) NO. 125 OF 2023
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2 NITHIN A. K,
AGED 31 YEARS
S/O. SUDHAKARAN K, FORMER JUNIOR ENGINEER,
BSNL KANNUR S.S.A, KERALA CIRCLE,
RESIDING AT KANKOLAN HOUSE, M.M BAZAAR,
ERAMAM, KANNUR, KERALA, PIN - 670306
3 AJITH C. V,
AGED 30 YEARS
S/O. CHANDRAN C. V, FORMER JUNIOR ENGINEER,
BSNL KANNUR S.S.A, KERALA CIRCLE,
RESIDING AT KANIYAMKUNDU, AJANOORE,
KASARAGOD, PIN - 671531
BY ADVS.
RAGHUL SUDHEESH
J.LAKSHMI(K/360/2013)
ELIZABETH MATHEW(K/74/2013)
BINI DAS(K/833/2022)
DHARSANA A.(K/001701/2023)
OTHER PRESENT:
SRI.T.K.VIPINDAS SR.GP
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 12.02.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NO. 125 OF 2023
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AMIT RAWAL., K.V. JAYAKUMAR., J.J.
=======================================
O.P (CAT) NO.125 OF 2023
=======================================
Dated this the 12th day of February, 2025
JUDGMENT
AMIT RAWAL, J.
The present O.P.(CAT) has been filed against the judgment dated 10.02.2023 in O.A. No. 603 of 2020 by the petitioner-Bharat Sanchar Nigam Limited (BSNL, for short) arrayed as the respondent before the Central Administrative Tribunal. All the respondents/applicants in present petition are the junior Engineers of BSNL, resigned from the job and had taken job elsewhere. As per the records, the applicant had resigned from BSNL on 03.05.2019 and rendered 4 years and 310 days of work. An application was submitted for payment of gratuity which was rejected on the ground of having not completed 5 years of qualifying service.
2. The case was objected to by the petitioners on the ground that all the respondents/applicants have rendered 4 years and 273 OP (CAT) NO. 125 OF 2023 4 2025:KER:12043 days, 4 years and 242 days and 4 years and 242 days respectively. For claiming gratuity the eligibility is, must have rendered 240 days of continuous service.
3. Learned Tribunal noticing all these facts directed the petitioners/respondents to recalculate in view of the ratio culled out in the judgment rendered by the Kerala High Court in W.P.(C) No. 13911 of 2012 in (Sreeja B v. The Regional Joint Labour Commissioner and Others). Paragraph 6 of the judgment reads as under:
" 6. In fact before the Controlling Authority, two contentions were raised by the respondent Bank as to the employer-employee relationship and the entitlement of the gratuity on the basis of continuous service of five years. Both the issues were found in favour of the employees and against the management, in the order of the Controlling Authority. In appeal, specifically the Appellate Authority found that the issue of employer-employee relationship is not gone into, since the entitlement is found against the employee. Hence the matter is remanded back to the Appellate Authority for fresh consideration on the issue of employer-employee relationship. The parties shall appear before the Appellate Authority and the Appellate Authority shall consider the issue in accordance with the observation made herein above within a period of six months from the date of receipt of a copy of this judgment."
Even if the contentions of the petitioner/respondent as noticed from the reply statement is taken into consideration, all the respondents/applicants have rendered more than 4 years and 273 days, OP (CAT) NO. 125 OF 2023 5 2025:KER:12043 4 years and 242 days and 4 years and 242 days respectively, which will entitle payment of the gratuity. But keeping in view the fact that the directions have already been issued which are so innocuous, we do not find it fit to warrant interference with the findings of fact and law. No ground for interference is made out. O.P.(CAT) stands dismissed. Let the exercise be undertaken within the period of two months as directed by the Central Administrative Tribunal.
Sd/-
AMIT RAWAL, JUDGE Sd/-
K.V. JAYAKUMAR, JUDGE LU OP (CAT) NO. 125 OF 2023 6 2025:KER:12043 APPENDIX OF OP (CAT) 125/2023 PETITIONER ANNEXURES :
ANNEXURE A1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST APPLICANT TO THE THIRD RESPONDENT DATED 04.12.2019.
ANNEXURE A2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SECOND APPLICANT TO THE FOURTH RESPONDENT DATED 4.12.2019 ANNEXURE A3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE THIRD APPLICANT TO THE FOURTH RESPONDENT DATED 04.12.2019 ANNEXURE A4 TRUE COPY OF LETTER ISSUED BY 4TH RESPONDENT TO THE 2ND APPLICANT DATED 24.06.2020 ANNEXURE A5 TRUE COPY OF THE LETTER ISSUED BY FOURTH RESPONDENT TO THE THIRD APPLICANT DATED 24.06.2020 ANNEXURE A6 TRUE COPY OF THE UNDATED REPRESENTATION SUBMITTED BY THE FIRST APPLICANT TO THE SECOND RESPONDENT EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION NO. 603 OF 2020 FILED BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY THE PETITIONERS/RESPONDENTS EXHIBIT P3 TRUE COPY OF ORDER DATED 10.02.2023 BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA NO. 603/2020 // True Copy // PA To Judge