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2026 Supreme(Online)(Ker) 6171

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
GEETHA P.S., ELSY V.K, SARADA T.V, MARY A.M, VILASINI.A – Appellant
Versus
KERALA KHADI AND VILLAGE INDUSTRIES BOARD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.M.SATHYANATHA MENON
For the Respondents: SRI UNNIKRISHNAN

JUDGMENT

The petitioners are stated to be the retired employees of the 1st respondent Board working as Spinning Instructors and Loom Inspectors respectively. There was a dispute as regards the entitlement of gratuity under the provisions of the Payment of Gratuity Act, 1972 to employees like the petitioners, who were regularised in service only on a later date, on account of which the Board took the stand that their earlier service need not be reckoned for considering the eligibility under the Act. This dispute was settled by virtue of the judgment of this Court in W.P.(C) N.2115 of 2008 dated 04.03.2008 holding that if the employee was working continuously and putting in continuos service, merely for the reason that the regularisation has been taken place only later, the benefits are not to be denied. On the basis of the afore declaration, the petitioners also sought the benefit of gratuity. When gratuity was not disbursed as applied for, the petitioners approached this Court by filing W.P.(C) No.17705 of 2013 and by Ext.P3 judgment dated 19.01.2015, this Court had recorded the submission made by the 1st respondent Board that they are ready to disburse the gratuity within a time f

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