IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 12797 of 2011(Y) -------------------------- PETITIONER(S): --------------- M/S.SOLVAR WIRES PRIVATE LTD., (FORMERLY KNOWN AS SOUTHERN ELECTROMAG PVT. LTD.), II/538, CHEMICAL INDUSTRIAL ESTATE, AROOR, ALAPPUZHA DISTRICT-688534, REP. BY ITS DIRECTOR JOSE THOMAS. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. DISTRICT LABOUR OFFICER, (CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT), DISTRICT LABOUR OFFICE, ERNAKULAM-682030. 2. SIBI MATHEW, PARUTHICKAL HOUSE, 33/103, EDAPPALLY NORTH P.O., KOCHI-682024. BY GOVT. PLEADER SRI. S. ABDUL SALAM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12797 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT VIDE ORDER DATED 31.7.2010. EXHIBIT P2: TRUE COPY OF THE FRESH INCORPORATION CERTIFICATE CONSEQUENT UPON CHANGE OF NAME OF THE COMPANY ISSUED BY THE REGISTRAR OF COMPANIES ON 19.6.2007. EXHIBIT P3: TRUE COPY OF THE LOCKOUT NOTICE DATED 15.10.05 ISSUED BY ERSTWHILE M/S. SOUTHERN ELECTRO MAG PVT. LTD. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 5.7.2010 PASSED BY THE APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 12797 OF 2011 -------------------------- Dated this the 27th day of June, 2011 J U D G M E N T Ext.P1 order passed by the first respondent directing the petitioner to pay the sum of Rs.1,12,731/- by way of gratuity to the second respondent herein is under challenge in this writ petition. Though Ext.P1 is dated 31.7.2010 when the writ petition came up for admission today Sri. G.Hariharan, the learned counsel appearing for the petitioner submitted with reference to the cover in which Ext.P1 was received by the petitioner, that the petitioner received it only on 28.4.2011. 2. Under sub section (7) of section 7 of the Payment of Gratuity Act, 1972 an appeal lies from Ext.P1 before the appellate authority notified by the State Government. The period of limitation prescribed for filing the appeal is 60 days from the date of receipt of the order appealed against. In the instant case, the petitioner itself claims that a copy of Ext.P1 order was received on 28.4.2011. If that be so, the period of limitation has not expired as on today. Even assuming that the period of limitation has expired, the appellate authority can condone the delay in filing the appeal up to WPC No.12797/2011 2 60 days. As the petitioner has an effective alternate remedy by way of appeal, I am of the opinion that the petitioner should invoke that remedy instead of seeking the intervention of this Court at this stage. I accordingly decline jurisdiction and dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with the petitioner to challenge Ext.P1 in appeal. P.N.RAVINDRAN, (JUDGE) vps