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K.S.RAGHUPATHY versus MRS. CHELAMMA, C/O. PANCHLINGA GOUNDER

High Court of Kerala

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K.S.RAGHUPATHY v. MRS. CHELAMMA, C/O. PANCHLINGA GOUNDER - WP(C) No. 8767 of 2004(R) [2007] RD-KL 13504 (19 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8767 of 2004(R)

1. K.S.RAGHUPATHY,
... Petitioner

Vs

1. MRS. CHELAMMA, C/O. PANCHLINGA GOUNDER,
... Respondent

2. REGIONAL JOINT LABOUR COMMISSIONER,

3. DISTRICT LABOUR OFFICER,

For Petitioner :SRI.G.HARIHARAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :19/07/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 8767 OF 2004

Dated this the 19th day of July, 2007.



J U D G M E N T

Petitioner is aggrieved by Exhibit P3 order passed by the Appellate Authority under the provisions of Payment of Gratuity Act.

2. According to the petitioner, first respondent is only a casual worker and hence she is not entitled to gratuity as presently computed by the respondents. It is seen from the counter affidavit that the petitioner had contradictory versions before the Controlling Authority and the Appellate Authority and that he did not produce any other records before the Statutory Authorities. Therefore, on the basis of available evidence only the orders were passed. In view of the facts and circumstances of the case thus stated in detail leading to the impugned orders in the counter affidavit, there is no merit in this writ petition. It is accordingly dismissed.

KURIAN JOSEPH, JUDGE.

smp


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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