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2026 Supreme(Online)(Ker) 10440

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. GOPINATH P., J
M/S. HOLY GRACE ACADEMY – Appellant
Versus
THE REGIONAL LABOUR COMMISSIONER, ERNAKULAM – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.TERRY V.JAMES, SRI.DAVIS J.CHIRAMEL
For the Respondents: SHRI.JEEVADAS H., SRI.C.B.MUKUNDAN, SRI.ASWIN KUMAR M J, SHRI.ALBIN GEORGE, SRI.V.K.SUNIL, GP

JUDGMENT This writ petition has been filed challenging Ext.P6 order of the Appellate Authority under the Payment of Gratuity Act , 1972 (in short ‘the 1972 Act’) setting aside Ext.P4 order of the Original Authority and directing that the claim filed by the 3rd respondent for payment of gratuity be adjudicated on merits. It is the submission of the learned counsel appearing for the petitioner that the application filed by the 3rd respondent for payment of gratuity was not filed within the time specified in Rule 10 of the Kerala Payment of Gratuity Rules, 1973 (hereinafter referred to as ‘the State Rules’). It is contended that if at all the application was to be entertained beyond the time specified in Rule 10(1) of the State Rules, the application should have been accompanied by a petition for condonation of delay stating reasons as to why the application should be considered by the Controlling Authority. It is submitted that the Appellate Authority without giving any reason, proceeded to direct the Controlling Authority to consider the application filed by the 3rd respondent, in accordance with the law.

2. The learned Government Pleader and the learned counsel appearing for the 3

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