IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 33036 of 2005(G) ----------------------------------------- PETITIONERS: --------------------- 1. FOOD CORPORATION OF INDIA, REGIONAL OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY SENIOR REGIONAL MANAGER. 2. THE DISTRICT MANAGER, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, THRISSUR. BY ADV. SRI.P.JACOB VARGHESE, SC, FCI RESPONDENTS: ------------------------- 1. SHRI K.K. CHANDRAN, KODAKKATTIL, MARIYAMMAN KOVIL ROAD, ANCHERRY P.O., THRISSUR-680 006. 2. REGIONAL LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN, OOLIMUGHAL,KAKKANAD-682 030. 3. ASISTANT LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN, OOLIMUGHAL,KAKKANAD-682 030. BY SRI.P.PARAMESWARAN NAIR, ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008 ALONG WITH WPC.NO.33038 OF 2005 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33036/2005 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF TENDER. EXT.P2: COPY OF DIRECT PAYMENT SCHEME INTRODUCED BY THE FOOD CORPORATION OF INDIA. EXT.P3: COPY OF BIO-DATA AND DECLARATION SUBMITTED BY THE 1ST RESPONDENT. EXT.P4: COPY OF NOTICE OF PAYMENT OF GRATUITY ISSUED TO THE 1ST RESPONDENT. EXT.P5: COPY OF APPLICATION SUBMITTED BY THE 1ST RESPONDENT. EXT.P6: COPY OF OBJECTION FILED BY THE PETITIONERS. EXT.P7: COPY OF ORDER DTD. 21/12/2004 OF THE 3RD RESPONDENT, THE CONTROLLING AUTHORITY. EXT.P8: COPY OF MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE APPELLATE AUTHORITY. EXT.P9: COPY OF ORDER DTD. 30/06/05 OF THE 2ND RESPONDENT, THE APPELLATE AUTHORITY. EXT.P10: COPY OF DECISIONS IN GRATUITY APPEAL CASE NO.6/2002 B1 BEFORE THE RLC (C) COCHIN. EXT.P10(A): COPY OF DECISIONS IN GRATUITY APPEAL CASE NO.7/2002 B1 BEFORE THE RLC (C)COCHIN. EXT.P10(B): COPY OF DECISIONS IN GRATUITY APPEAL CASE NO.8/2002 B1 BEFORE THE RLC(C) COCHIN. EXT.P10(C): COPY OF DECISIONS IN GRATUITY APPEAL CASE NO.9/2002 B1 BEFORE THE RLC(C)COCHIN. /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) Nos. 33036, 33037 & 33038 OF 2005 & 14926 & 14948 OF 2006 --------------------------------------- Dated this the 23rd day of May, 2008. J U D G M E N T The issue regarding liability of the petitioners for granting gratuity for the prior service rendered by the party respondents elsewhere is covered in favour of the petitioners by the Bench decision of this Court dated 18.08.2006 in Writ Appeal No.1953/2005 wherein it has been held that the workmen concerned has to claim gratuity from the concerned employer and that the subsequent employer namely, the writ petitioners are not liable to pay gratuity for the service rendered by the workmen to the private contractors or to the society prior to the induction to the Direct Payment Scheme. These writ petitions are disposed of making it clear that the writ petitioners have no liability to pay gratuity to the party respondents for the period prior to their induction to the Direct Payment Scheme. Such party respondents are free to claim gratuity from the concerned contractors. KURIAN JOSEPH, JUDGE. smp