IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 33088 of 2005(L) -------------------------------------- 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.V. SURENDRAN, KOTTEKKAD HOUSE, KANNAMBRA P.O., PALAKKAD. 2. REGIONAL LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN, OOLIMUGHAL,KAKKANAD-682 030. 3. ASSISTANT LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN, OOLIMUGHAL,KAKKANAD-682 030. BY ADV. SRI.PARAMESWARAN NAIR, ASST. SG - R2,R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).33088/2005-L 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 IST RESPONDENT EXT.P4: COPY OF NOTICE OF PAYMENT OF GRATUITY ISSUED TO THE IST RESPONDENT EXT.P5: COPY OF APPLICATION SUBMITTED BY THE IST RESPONDENT. EXT.P6: COPY OF OBJECTION FILED BY THE PETITIONERS. EXT.P7: COPY OF ORDER DATED 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 DATED 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 © COCHIN. EXT.P10(a):COPY OF DECISIONS IN GRATUITY APPEAL CASE NO.7/2002 B1 BEFORE THE RLC © COCHIN. EXT.P10(b):COPY OF DECISIONS IN GRATUITY APPEAL CASE NO.8/2002 B1 BEFORE THE RLC © COCHIN. EXT.P10(c):COPY OF DECISIONS IN GRATUITY APPEAL CASE NO.9/2002 B1 BEFORE THE RLC © COCHIN. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.33088 of 2005 ---------------------------------------------- Dated 4th July, 2008. J U D G M E N T The issue raised in this writ petition pertains to the liability of the employer to pay gratuity for the service rendered by the workman under various contractors/society prior to the introduction of direct payment scheme. In the bench decision of this court in W.A.1942/2005 and connected cases, it has been held as follows:- “Leaving open the right of the workmen to claim gratuity from whomsoever concerned for the past services they rendered, we hold that the appellants are not liable to pay gratuity for the service rendered by the workmen to the private contractors or to the society prior to the introduction of the Direct Payment System. In the circumstances, we set aside the judgment of the learned Single Judge and also the orders passed by the Controlling Authority and the Appellate Authority and allow the appeals.” In view of the binding decision as above, the writ petition is allowed quashing the impugned orders and leaving open the right of the respondent workman to claim gratuity from whomsoever concerned for the past service rendered under them. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.33088 of 2005 ---------------------------------------------- J U D G M E N T Dated 4th July, 2008.