IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10858 of 2010(F) ------------------------------------------- PETITIONER(S): ------------------------ THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD., NO.479, P.B.NO.4616, ALAPPUZHA-688 012, REPRESENTED BY ITS MANAGING DIRECTOR, DR.M.BALAGOPAL, AGED 55 YEARS, S/O.NARAYANA MENON, MANAGING DIRECTOR(COIRFED), ALAPPUZHA. BY ADVS. MR.K.S.HARIHARAPUTHRAN, MR.GEORGE MATHEW. RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF LABOUR & EMPLOYMENT, NEW DELHI. 2. REGIONAL JOINT LABOUR COMMISSIONER (CENTRAL), OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER(CENTRAL), KAKKANAD. 3. ASSISTANT LABOUR COMMISSIONER(CENTRAL) OFFICE OF THE ASST.LABOUR COMMISSIONER, TC 25/3534 UPPALAM ROAD,THIRUVANANTHAPURAM-695 001. 4. V.R.KUNJIRAMAN, VADHYARUPARAMBIL, KARIMPADAM.P.O, CHENDAMANGALAM-683 512. BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R1 TO R3 BY ADV.MR.P.R.LESLIE STEPHEN,CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010 ALONG WITH WPC.NO.11003 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ----------------------------------------------------- W.P.(C) Nos.10858 and 11003 of 2010 ----------------------------------------------------- Dated this the 30th day of March, 2010 JUDGMENT These Writ Petitions are disposed of together since the questions raised are identical. The petitioner-Society has challenged the orders passed by the Appellate Authority under the Payment of Gratuity Act, 1972 dismissing Gratuity Appeals filed by the petitioner. The appeals have been dismissed on the ground that they were not filed within the time prescribed by law. 2. The persons who are shown as the 4th respondent in both the cases were working as Show Room Managers in different show rooms of the petitioner Society. They have retired from service. The Payment of Gratuity Authority has passed orders directing payment of gratuity to them. Thereupon, the petitioner challenged the proceedings of the Controlling authority before this Court in two different Writ Petitions. The Writ Petitions were disposed of directing the petitioner to file appeals against the orders passed by the Controlling Authority. wpc No.10858/2010 &11003/2010 2 Thereafter, though the appeals were filed, they have been dismissed by the orders impugned in these Writ Petitions holding that they have been filed out of time. 3. The counsel for the petitioner submits that there were allegations of misappropriation of funds against the retired employees and that it has been revealed in the audit of the Society that they have swindled the Society of substantial amounts of money, misusing their position. Therefore, the Society wants to recover the said amounts from them. However, I notice that no disciplinary action has been taken against the retired employees. Nor has any authority found that they have misappropriated amounts or that any amounts are due from them to the Society. In the absence of any reliable material or evidence to show that any amounts are due from the retired employees, there are no grounds to substantiate the contentions of the petitioner. 4. The appeals filed by the petitioner have been dismissed for the reason that they have been filed out of time. Nothing has been pointed out to show that the wpc No.10858/2010 &11003/2010 3 impugned orders suffer from any infirmity warranting interference under Article 226 of the constitution of India. 5. In the above circumstances, these Writ Petitions fail and are accordingly dismissed. No costs. K.SURENDRA MOHAN, JUDGE css/