AA NUTS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a partnership firm, has filed this writ petition challenging Ext.P1 order passed by the controlling authority under the Payment of Gratuity Act, 1972 [for brevity, 'the Act'] on an application preferred by the 4th respondent employee.

(2.) The 4th respondent filed an application before the 3rd respondent, the controlling authority, claiming gratuity. According to the 4th respondent, she started working in the establishment of the petitioner from 7/4/1986 and continued till 25/9/2021 and her last drawn salary was Rs.9,000.00. It was contended that though she requested the employer to determine and pay the gratuity, the same was not paid. The controlling authority issued notice to the employer. However, the notice was returned with the postal endorsement "intimation 2/4/2022". Finding that the employer has willfully refused notice, the employer was declared ex parte on 15/11/2022. The controlling authority proceeded with the matter and passed Ext. P1 order holding that the 4th respondent is entitled for gratuity of Rs.1,81,731.00 with 10% interest from 26/9/2021.

(3.) According to the petitioner, they did not receive the notice of the proceedings before the controlling authority and came to know about the award only when revenue recovery proceedings were initiated against them. Though an appeal was preferred against Ext.P1 order, it was rejected for non-deposit of the amount required under the 2nd proviso to Sec. 7(7) of the Act. The petitioner, thereafter, submitted Ext.P2 representation before the controlling authority stating that they have not received any notice in connection with the proceedings before the authority and accordingly prayed for setting aside the ex parte order and to rehear the matter. Since there was no response from the controlling authority on Ext.P2, the petitioner has filed this writ petition.