IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 OP.No. 31313 of 2001(C) ----------------------------------- PETITIONER(S): ------------------------ T.M.NANDAN, SECRETARY, PONNANI PCCCO-OPERATIVE MARKETING SOCIETY, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.M.VIJAYAKUMAR SRI.M.RAMESH CHANDER RESPONDENT(S): ------------------------- 1. K.NAFEESA, W/O. M.P.ABOOBACKER, MUKKILA PEEDIKAYIL HOUSE, P.O. BIYYAM, MALAPPURAM DISTRICT. 2. APPELLATE AUTHORITY (REGIONAL JOINT LABOUR COMMISSIONER), KOZHIKODE. 3. DISTRICT LABOUR OFFICER, (CONTROLLING AUTHORITY), MALAPPURAM. ADV. SRI.P.RAMAKRISHNAN FOR R1 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.51053/2001 IN OP. NO.31313/2001 DISMISSED 06.01.2009 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF THE CONTROLLING AUTHORITY, MALAPPURAM DT. 25.11.99. P2:- COPY OF THE ORDER OF APPELLATE AUTHORITY, KOZHIKODE DT. 27.11.2000. P3:- COPY OF THE ORDER OF THIS HONOURABLE COURT IN CMP.49618/01IN 30518/01 DT. 11.10.01. /TRUE COPY/ P.A. TO JUDGE tss S.SIRI JAGAN, J. ----------------------- O.P.NO.31313 OF 2001 (C) -------------------------------- Dated this the 6th day of January, 2009 J U D G M E N T The petitioner in this writ petition is the Secretary of a Co- operative Society, of which the first respondent was an employee. The first respondent preferred a claim for gratuity, which ended in Exhibit P1 order of the Controlling Authority under the Payment of Gratuity Act directing the petitioner to pay to the first respondent an amount of Rs.10,454/- as gratuity. The same has been confirmed by the Appellate authority by Exhibit P2 order. Petitioner challenges Exhibits P1 and P2 orders in this writ petition. A similarly situated employee, by filing O.P.No.30518/2001 challenged an identical order. In that original petition, a learned Judge of this Court has passed the following Judgment:- “The challenge is on Exhibits 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 Exhibit 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.49618/2001 : Dismissed.” O.P.No.31313/2001 - 2 - Reading of Exhibit P2 order would show that the award of the Industrial Tribunal, Kozhikode in I.D.No.41/81 applies to the first respondent herein also, which award has been upheld by this Court as is clear from judgment in O.P.No.30518/2001. Accordingly, following the judgment in O.P.No.30518/2001, this original petition is dismissed. Sd/- S. SIRI JAGAN, JUDGE skr // True copy // P.A. to Judge.