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2022 Supreme(Online)(KER) 20145

HIGH COURT OF KERALA
AMIT RAWAL, J
M/S. TRACO CABLE COMPANY LTD. – Appellant
Versus
REGIONAL JOINT LABOUR COMMISSIONER – Respondent


Advocates:
P.BENNY THOMAS, SRI.D.PREM KAMATH, SRI.E.G.GORDEN, SRI.S.K.KRISHNAKUMAR, GOVERNMENT PLEADER

JUDGMENT

This order of mine shall dispose of two writ petitions preferred by the M/s Traco Cable Company Ltd. against the orders of the controlling authority and the appellate authority under the Payment of Gratuity Act .

2. W.P.(C) No.15970 of 2019 is pertaining to non payment of gratuity to the 3rd respondent namely Sri.T.C Varghese whereas W.P.(C) No.15981 of 2019 is related to Sri. C.E Kunjumon Rawther. Though the aforementioned party respondents had retired after having rendered almost 7 to 8 years of service and their wages were between Rs. 13500-14500/-. Petitioner stated to have offered Rs.55,000/- and odd amount as gratuity but party respondents insisted for payment of the gratuity for the period they rendered the service prior to the regularization. Petitioner denied the aforementioned claim, necessitating the party respondents to approach before the Controlling Authority. The authority allowed the claim preferred by the respondents ordering the payment of Rs.1,00,771/- and 1,81,576/- respectively. Both the orders in appeal have also been upheld.

3. The learned counsel appearing on behalf of the petitioner Management submitted that the party respondents were recruited by th

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