NEELAKANDAN NAMBOOTHIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this Original Petition is against Ext. P7 order passed by the Appellate Authority under the Payment of Gratuity Act dated 4.11.2000. The Appellate Authority upheld the order of the Controlling Authority (District Labour Officer, Thodupuzha) whereunder it was ordered that the employee (4th respondent herein) is entitled to get Rs. 11,952/- as gratuity and interest at the rate of 10% from 1.4.1993. The petitioner, who is a reputed Ayurvedic Establishment, contends that the delay in filing the application by the employee, who was a salesman, has not been adverted to by the Appellate Authority, even though at the time of earlier demand, this Court had directed that this aspect also had to be taken notice of. The operative portion of the judgment in

(2.) The aspect of delay, as such is not seen specifically considered when the order was passed. Considering the circumstance that only a nominal balance amount is payable by the petitioner employer to the employee, I do not think that the matter is to be kept pending any more.

(3.) The Government Pleader points out that the statute prescribes for deposit of gratuity payable to an employee if not claimed. It is therefore as much a duty on the part of the employer to pay gratuity to a retired employee, and he need not wait for an application to make a payment.