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High Court of KeralaWP(C)/27985/2015disposed of

Pamba Electronic Systems Pvt. Ltd v. State Of Kerala

2015-09-16Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 WP(C).No. 27985 of 2015 (W) ---------------------------- PETITIONER:

------------------ PAMBA ELECTRONIC SYSTEMS PVT. LTD.

PAMBA HOUSE, KUREEKKAD P.O., THIRUVAMKULAM, ERNAKULAM - 682 305 REPRESENTED BY ITS MANAGING DIRECTOR P.S. SASIDHARAN.

BY ADVS.SRI.M.S.UNNIKRISHNAN SRI.JITHIN PAUL VARGHESE SMT.M.PPRIYANKA SMT.T.P.SHELNA SRI.C.DHEERAJ RAJAN RESPONDENTS:

------------------------ 1.

STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2.

DEPUTY LABOUR COMMISSIONER OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER, KAKKANAD, ERNAKULAM 682 030.

3.

NITHEESH KUMAR N.B.

NEDIYAMPARAMBIL HOUSE ARTHUNKAL P.O., CHERTHALA, ALAPPUZHA - 682 305.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 27985/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF ORDER DATED 28.04.2015 ISSUED BY 2ND RESPONDENT IN G.C. 51 OF 2014.

EXHIBIT P2 :

TRUE COPY OF OTICE DATED 25.07.2015 ISSUED BY 2ND RESPONDENT.

EXHIBIT P3 :

TRUE COPY OF REPLY ISSUED BY PETITIONER TO 2ND RESPONDENT DATED 10.08.2015.

EXHIBIT P4 :

COPY OF THE REPLY LETTER ISSUED BY 2ND RESPONDENT TO THE PETITIOER DATED 21.08.2014.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 27985 OF 2015 ------------------------------------ Dated this the 16th day of September, 2015

JUDGMENT

Ext.P1 order obliges the petitioner to pay gratuity to the third respondent. Therefore Ext.P2 show cause notice following Ext.P1 order cannot be faulted with.

2.

The payment of gratuity due to an employee cannot brook delay. I however permit the petitioner to pay the amounts in two instalments.

3.

The first instalment shall be paid on or before 15.10.2015 and the second instalment on or before 30.11.2015. Any failure to pay the instalments will result in the coercive proceedings being continued.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd