T.K.RUGMANI AMMA versus THE DISTRICT LABOUR OFFICER

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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T.K.RUGMANI AMMA v. THE DISTRICT LABOUR OFFICER - WP(C) No. 3413 of 2007(F) [2007] RD-KL 3063 (9 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3413 of 2007(F)

1. T.K.RUGMANI AMMA,
... Petitioner

Vs

1. THE DISTRICT LABOUR OFFICER,
... Respondent

2. P.SIVADAS,

For Petitioner :SRI.B.KRISHNA MANI

For Respondent : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :09/02/2007

O R D E R

THOTTATHIL B. RADHAKRISHNAN, J.

``````````````````````````` W.P.(C) NO. 3413 OF 2007 ```````````````````````````

Dated this the 9th day of February, 2007

J U D G M E N T

The impugned Ext.P4 is an order under the Payment of Gratuity Act, 1972. That order was issued on 20/12/2005. This writ petition is filed on 19/10/2006. The petitioner did not take recourse to the statutory appellate remedy available under that Act within the time prescribed. With the passage of time, Exhibit P1 order has become final and I do not find any ground to interfere with that order, in exercise of the authority under Article

226. At this distant point of time, more so because I do not find any jurisdictional error in the said order. In the aforesaid circumstances, the challenge to Ext.P4 fails.

2. Having regard to the facts and circumstances and the request of the learned counsel on behalf of the petitioner, this writ petition is disposed of directing that any distress action on the basis of Exhibit P4 will stand suspended if the petitioner remits the entire amounts including the accruals due as per Exhibit P4 in five equal monthly instalments, payable on or before last working day of every month commencing from February 2007. If there is  WPC 3413/2007 default in remitting such amounts, the benefit of this judgment, in so far is in favour of the petitioner, will stand recalled automatically. Writ petition is disposed of as above.

THOTTATHIL B. RADHAKRISHNAN, JUDGE

Rp 

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