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2025 Supreme(Online)(Ker) 52249

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
RAK INTERIORS – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.V.KRISHNAKUMAR, SRI.K.S.SREENATH
For the Respondents: SMT. RESMI THOMAS (GP)

JUDGMENT

The petitioner has approached this Court challenging Ext.P1 order of the Controlling Authority under the Payment of Gratuity Act , 1972 (herein after referred to as ‘the Act’) determining that the petitioner is liable to pay a sum of Rs.1,10,769/- [Rupees One lakh ten thousand seven hundred and sixty nine only] to the 3rd respondent together with simple interest at the rate of 10% per annum from 26.07.2024. 2. Learned counsel appearing for the petitioner submits that the matter was decided ex parte. It is submitted that though the petitioner filed Ext.P2 petition for setting aside the ex parte order, the petitioner received the notice of hearing of Ext.P2 petition, only after the date initially fixed for hearing, which was on 21.05.2025. It is submitted that, without further notice, the matter was again taken up on 25.06.2025, on which date, the said application was dismissed as there was no representation for the petitioner. It is submitted that the petitioner is admitting the liability to pay gratuity to the 3rd respondent to the extent of Rs.74,850/- (Rupees Seventy four thousand eight hundred and fifty only) and is willing to pay that amount to the 3rd respondent imme

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