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2026 Supreme(Online)(Ker) 12240

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
REJI KURIEN – Appellant
Versus
TRAVANCORE SUGARS AND CHEMICALS LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN, SHRI.T.C.KRISHNA, SRI.C.ANIL KUMAR, SMT.ASHA K.SHENOY, SRI.PRATAP ABRAHAM VARGHESE
For the Respondents: SRI.T.SANJAY, SRI.SANIL KUMAR G., SRI.P.K.RAKESH KUMAR

JUDGMENT

Petitioner has approached this Court seeking a direction to the respondents to pay gratuity reckoning his service from 01.02.1982 to 17.12.1998 and from 22.01.2009 to 31.05.2020, after deducting an amount of Rs.20,036/- earlier paid as gratuity.

2. Petitioner had availed foreign employment leave, which is granted upto 17.12.1998. Thereafter he overstayed the leave, which culminated in disciplinary proceedings and later on, the petitioner was dismissed from service. At the time of dismissal, gratuity amount of Rs.20,036/- was paid. Petitioner challenged the dismissal order raising an industrial dispute and Ext.P1 award was passed, the operative portion of which reads as follows:

“In the result, an Award is passed as follows. The Order dated 24.07.2001 of the Management terminating the service of the Workman is set aside and as he had absented from duty without permission and without any justification from 17.12.1998 he is liable to be reprimanded and the Management is directed to reinstate him in service within 3 months from today imposing the punishment of reprimand with the further direction that the period of his absence from 17.12.1998 till the date specified for his rei

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