JUDGMENT

The petitioner is before this Court, challenging Exhibit P4 order determining gratuity payable by the petitioner to the 4^th respondent under the Payment of Gratuity Act , 1972, as also, Exhibit P5 demand notice demanding the payment of the amount, determined in terms of Exhibit P4.

2. Learned counsel appearing for the petitioner submits that the petitioner is presently aged 84 years and at the relevant time, he was aged 82 and the petitioner is suffering from cancer. It is submitted that, the claim raised before the 4^th respondent was listed for consideration before the Controlling Authority on 27.10.2023. It is submitted that, on 20.10.2023, the petitioner submitted Exhibit P3 request, seeking adjournment of the hearing on the ground that the petitioner was to undergo a major surgery on 30.10.2023 at Amritha Hospital, Ernakulam. It is submitted that, the petitioner had requested that the matter may be taken up for consideration on some day after 15.12.2023. It is submitted that, a reading of Exhibit P4 will indicate that the petitioner was set ex parte on 15.12.2023 and the Controlling Authority proceeded to allow the claim of the 4^th respondent. It is submitted that, th