IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17804 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------- THE SECRETARY, THE CHIYYARAM CONSUMERS CO-OPERATIVE STORES LIMITED NO.390, CHIYYARAM, THRISSUR. BY ADVS. SRI.S.M.PREM, SMT.K.P.SANTHI, SRI.P.K.NIJOY. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OP. DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. JOINT LABOUR COMMISSIONER, ERNAKULAM (APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972) - 682 030. 3. AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER), THRISSUR - 680 001. 4. U.K.THOMAS, UMBAVOO HOUSE, P.O.CHIYYARAM - 680 026. R1 TO R3 BY GOVERNMENT PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17804/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT. P2: COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE APPLICATION. P3: COPY OF THE ORDER DTD. 13/02/2006 IN G.C.NO.3 OF 2001 OF THE 3RD RESPONDENT. P4: COPY OF THE ORDER DD. 10/03/2011 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.17804 of 2011 ------------------------------- Dated this the 6th day of July, 2011 J U D G M E N T Ext.P3 order passed the controlling authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) directing payment of the sum of Rs.58,975/- by way of gratuity to the fourth respondent and Ext.P4 order passed by the appellate authority confirming that order are under challenge in this writ petition. 2. The main contention raised by the petitioner is that the total number of employees of the society is less than 10 and therefore the Act has no application. Yet another contention raised is that the fourth respondent had accepted the sum of Rs.1,39,395/- as gratuity and therefore he cannot claim any further amount as gratuity. In Ext.P2 objection filed by the petitioner society before the Controlling Authority, the petitioner had no case that the Act does not apply to it for the reason that the number of employees is less than 10. Though before the appellate authority, such a contention was raised, it was over ruled stating that the day books and vouchers would show that the number of employees working in the establishment was more than 10. Therefore, the petitioner cannot be heard to contend that the Act does not apply to it. W.P.(C) No.17804/2011 2 The next contention raised is that the fourth respondent had accepted the amount of Rs.1,39,395/- as gratuity on his retirement and therefore he cannot claim any further amount. If the Act applies to the petitioner society, the mere fact that a lesser amount was paid towards gratuity and it was received by the fourth respondent will not prevent him from moving the Controlling Authority under the Act seeking payment of gratuity in terms of the Act. I, therefore, find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed. P.N. RAVINDRAN, JUDGE. nj.