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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
Kosamattam Finance Ltd., Represented By Managing Director Mathew K. Cherian – Appellant
Versus
Deputy Labour Commissioner, Kottayam – Respondent
| Table of Content |
|---|
| 1. challenging jurisdiction under the payment of gratuity act. (Para 1) |
| 2. petitioner's argument for federal jurisdiction under the 1972 act. (Para 2) |
| 3. respondent's argument on jurisdiction issue. (Para 3) |
| 4. court's analysis on correct jurisdiction. (Para 4) |
| 5. jurisdiction cannot be conferred by consent. (Para 5) |
| 6. alternative remedies do not bar jurisdiction in cases of lack of jurisdiction. (Para 6) |
| 7. writ petition allowed; orders quashed. (Para 7) |
JUDGMENT :
The petitioner has approached this court challenging Exts.P7 and P8 proceedings of the Controlling Authority (the Deputy Labour Commissioner, Kollam) under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the 1972 Act), determining the claim of the 2nd respondent for gratuity on account of service rendered with the petitioner.
3. The learned counsel appearing for the 2nd respondent submits that the petitioner had never taken this contention before the 1st respondent and taking into consideration the view taken by this court in an unreported judgment dated 13-06-2024 in W.P (C) No.11133/2021, the failure to object is fatal to a claim being raised before this court that the Controlling Authority appo
The authority under the Payment of Gratuity Act must be determined by statutory provisions, not consent, particularly when dealing with establishments operating in multiple States.
The appropriate authority under the Payment of Gratuity Act, 1972 for establishments with branches in multiple states is the Central Government, rendering state authority's jurisdiction invalid.
The Payment of Gratuity Act allows claims for both statutory and contractual gratuity to be adjudicated under the same authority, ensuring employee rights are protected.
The main legal point established in the judgment is the need for the Appellate Authority to adjudicate the issue of jurisdiction raised by the Union of India and the stay of the recovery notice, subj....
The Payment of Gratuity Act mandates that claims for gratuity be addressed first to the Controlling Authority, as it constitutes a complete code for such disputes.
Point of Law : Section 2(e) of the Act reads as “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are expressed or implied, in any....
The main legal point established in the judgment is the requirement for Authorities to consider all contentions raised by the parties and the willingness of the contractors to deposit a sum to cover ....
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