IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 30518 of 2001(G) ----------------------- PETITIONER: ------------ T.M.NANDAN, PONNAI PCC COOPERATIVE MARKETING SOCIETY, PONNANI, MALAPPURAM DIST. BY ADV. SRI.M.VIJAYAKUMAR SRI.M.RAMESH CHANDER RESPONDENTS: ------------- 1.M.P.SUNANDA, W/O.LATE PADMANABHAN, MOOSALIPARAMBIL, VELLEERI, MALAPPURAM DIST. 2.APPELLATE AUTHORITY (REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE). 3.DISTRICT LABOUR OFFICER (CONTROLLING AUTHORITY), MALAPPURAM. BY ADV. SRI.P.RAMAKRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.30518/2001 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF ORDER NO.IR 5646/1996 OF THE CONTORLLING AUTHORITY, MALAPPURAM DT. 15.11.1999. EXT.P2 : TRUE COPY OF THE ORDER NO.GAC 5/2000 OF THE APPELLATE AUTHORITY, KOZHIKODE. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.30518 of 2001 ---------------------------------------------- Dated 18th January, 2008. J U D G M E N T The challenge is on Exts.P1 and P2 orders passed by the authorities under the Payment of Gratuity Act, at the instance of the management society. The main contention is that the Payment of Gratuity Act is not applicable to the society. There is also a contention that there is no employer-employee relationship. Still further, there is a contention regarding superannuation age. It is seen from Ext.P2 order passed by the appellate authority that all these aspects had already been considered by this court while considering the challenge against the award in I.D.41/81. The award thus having been upheld by this court, there is no merit in the writ petition. It is dismissed. C.M.P.No.49618/01 : Dismissed. KURIAN JOSEPH, JUDGE. tgs OP NO. 2 KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.30518 of 2001 ---------------------------------------------- J U D G M E N T Dated 18th January, 2008.