M. GOPALAKRISHNA BHAT v. STATE OF KERALA
Case at a glance
Outcome
Disposed of
observations, all writ petitions are disposed off
Key paragraphs
- Para 22. Once there is a finding with regard to the temple being an establishment, we deem it appropriate that all the employees of the temple/establishment have equal and efficacious WP(C) NO. 7566 OF 2022 & Conn.cases 23 remedy to approach the controlling authority for claiming…
Judgment
THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 AGAINST THE ORDER/JUDGMENT WA 1918/2013 OF HIGH COURT OF RP NO. 560 OF 2019 REVIEW PETITIONER/3RD PARTIES: KERALA 1 2 MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE, REPRESENTED BY ITS SECRETARY. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE, BY ADV K.MOHANAKANNAN RESPONDENTS/APPELLANT AND RESPONDENTS 1 TO 3: 1 2 3 SEETHA.K., W/O.LATE SANKARAN NAIR, THEYYIL HOUSE, WEST PONNIYAM P.O., THALASSERI- 670694. THE MANAGING TRUSTEE, THIRUVANGAD SREERAMA SWAMI TEMPLE, THIRUVANGAD (PO)., THALASSERI- 670101. THE APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, (REGIONAL JOINT LABOUR COMMISSIONER), KOZHIKODE, OFFICE OF THE REGIONAL JOINT LABOUR, WP(C) NO. 7566 OF 2022 & Conn.cases 5 COMMISSIONER, KOZHIKODE- 670101. 4 CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER), OFFICE OF THE DISTRICT LABOUR OFFICE, KANNUR- 670001. BY ADV SRI.CIBI THOMAS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WA NO. 531 OF 2015 AGAINST THE ORDER/JUDGMENT IN WPC 19792/2011 OF HIGH COURT OF APPELLANT/RESPONDENTS 1 AND 2: KERALA 1 2 MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY DEVASWOM BOARD OFFICE, ERNAJIPALAM, KOZHIKODE. THE COMMISSIONER MALABAR DEVASWOM BOARD, OFFICE OF THE MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, POST ERANHIPALAM KOZHIKODE. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS/PETITIONERS/RESPONDENTS 3 & 4: 1 2 M.PRABHAKARAN, MANAGER (RETD.) SREE PISHARIKAVU DEVASWOM, RESIDING AT POURNAMI, KANDACHATTIL, KOYILANDY - 673 305. K.APPUKUTTY TEMPLE EMPLOYEE (RETIRED), SREE PISHARIKAVU DEVASWOM, RESIDING AT PADINJARE MADATHIL, P.O.KOLLAM, KOYILANDY - 673 303. WP(C) NO. 7566 OF 2022 & Conn.cases 7 3 4 SREE PISHARIKAVU DEVASWOM REPRESENTED BY THE CHAIRMAN OF THE BOARD OF TRUSTEES SREE PISHARIKAVU DEVASWOM, P.O.KOLLAM, KOYILANDY - 673 307. THE EXECUTIVE OFFICER SREE PISHARIKAVU DEVASWOM P.O. KOLLAM, KOYILANDY - 673 307. BY ADVS. SRI.V.RAJENDRAN SMT.R.RANJANIE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 3475 OF 2017 PETITIONERS: 1 2 3 4 CHANDRASEKHARA VARIER T.V AGED 65 YEARS, S/O. SANKARA VARIER T.V (LATE), ASSISTANT MANAGER, SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT "THULASIDALAM" (THEKKUMPURATHU VARIEM),VALAMBUT PO., ANGADIPURAM, MALAPPURAM PIN-679325 V.BALACHANDRAN S/O. APPUNNI NAIR, SUPERVISOR, SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT"PRASADAM"(VATHUKKAT HOUSE), TATTAKAM RA 24, ANGADIPPURAM PIN-679321 V.T.RAMADAS S/O. GOVINDAN NAIR, ASSISTANT MANAGER, SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT VELLITHODIYIL HOUSE, CHUTTUVATTOM RA 40, ANGADIPPURAM PIN-679321 SASIDHARAN.P S/O. ACHUTHAN NAIR, ATTENDER SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT PANEKKATTIL HOUSE, CHUTTUVATTOM RA 14, ANGADIPPURAM PIN-679321 WP(C) NO. 7566 OF 2022 & Conn.cases 9 5 6 7 8 PRABHAKARAN UNNI.T S/O. K.V.BHAT, ATTENDER, SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT THOTTAPPULLI MADAM (SREE KRIPA),TATTAKAM RA 17, ANGADIPPURAM-679321 MOHANAN NAMBOODIRI .N.M S/O NARAYANAN NAMBOODIRI,DEHANNAM, (PRASADA OOTTU), SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT"NEMINISSERI MANA, ALANALLUR PO., PALAKKAD DISTRICT.PIN-679321 VIJAYAKRISHNAN .P.U S/O. GOPALAN NAIR.C, CLERK, SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT 153.A. PEEDIKAKANDI, KRISHNAN NAIR ROAD, KARUVISSERI PO., CALICUT PIN-673010 T.N. MANAVEDAN S/O. ACK RAJA, HEAD CLERK, SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM, ANGADIPPURAM PIN-679321, RESIDING AT VALIYA KOVILAKAM, NILAMBUR BY ADVS. SRI.K.RAMAKUMAR (SR.) T.RAMPRASAD UNNI SRI.S.M.PRASANTH SMT.ASHA BABU SMT.R.S.ASWINI SANKAR SRI.T.H.ARAVIND SRI.G.RENJITH SRI.SABIN BABU SRI.SAJEEV R MENON RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF DEVASWOMS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695001 WP(C) NO. 7566 OF 2022 & Conn.cases 10 2 3 4 MALABAR DEVASWOM BOARD KOZHIKODE PIN-676553, REPRESENTED BY ITS PRESIDENT THE COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE PIN-675001 SREE THIRUMANDHAMKUNNU BHAGAVATHY DEVASWOM ANDADIPPURAM, MALAPPURAM DISTRICT PIN-679321, REPRESENTED BY ITS TRUSTEE. BY ADVS. SRI.K.M.ANEESH SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM SRI.DILEEP CHANDRAN SRI.K.SANTHOSH KUMAR KALIYANAM SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 11 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 22545 OF 2018 PETITIONERS: 1 2 T.K.KRISHNANUNNI NAMBOOTHIRI S/O. KRISHNAN, AGED 66 YEARS, THOTTAPPAYA MANA, PANNIYAMKURISSI P.O., CHERPULASSERI, PALAKKAD - 679 503. RADHA K. CHIRAYANKARA WARIYAM, KARUVATTOM, CHERPULASSERI, PALAKKAD. BY ADV SRI.CIBI THOMAS RESPONDENTS: 1 2 THE SECRETARY, MALABAR DEVASWOM EMPLOYEES WELFARE FUND, HOUSEFED COMPLEX, ERANHIPALAM P.O., KOZHIKODE - 673 006. MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, ERANHIPPALAM P.O., KOZHIKODE - 673 006. BY ADV SMT.P.K.RADHIKA, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 12 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 21595 OF 2021 PETITIONER: P.K. BALAGOPALAN PATHINHARE KANATHIL HOUSE, MUTTUNGAL (PO), VATAKARA, KOZHIKODE 673 106 BY ADVS. V.V.NANDAGOPAL NAMBIAR DHEERAJ KRISHNAN PEROT CHITRA JOHNSON RESPONDENTS: 1 2 3 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 THE SECRETARY MALABAR DEVASWOM EMPLOYEES WELFARE FUND, HOUSEFED COMPLED, ERANHIPALAM P.O., KOZHIKODE 673 006 MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, ERANHIPALAM P.O., KOZHIKODE 673 006 WP(C) NO. 7566 OF 2022 & Conn.cases 13 4 5 THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, THIRUVANGAD P.O., THALASSERY, KANNUR 670 103 EXECUTIVE OFFICER KALIYAMVELLI GROUP OF TEMPLES, VATAKARA, KOZHIKODE 673 502 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 14 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 13847 OF 2016 PETITIONER: K.SUBRAMANIAN RETIRED UPPER DIVISION CLERK (HIGHER GRADE), SREE PERALASSERY TEMPLY, MUNDALUR – RESIDING AT DIVYA NIVAS, P.O.MUNDALUR-670622, KANNUR DISTRICT BY ADV SRI.R.K.MURALEEDHARAN RESPONDENTS: 1 2 3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE (DEVASWOM), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. THE COMMISSIONER, MALABAR DEVASWOM BOARD, DEVASWOM BOARD OFFICE, ERANHIPALAM - 673 017, KOZHIKODE. SREE PERALASSERY DEVASWOM REPRESENTED BY ITS MANAGER, PERALASSERY DEVASWOM OFFICE, PO.MUNDALUR-670622.
BY ADVS. SRI.ARUN MATHEW VADAKKAN WP(C) NO. 7566 OF 2022 & Conn.cases 15 SRI.K.P.SUDHEER SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD SMT.P.K.RADHIKA, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 16 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 23584 OF 2017 PETITIONERS: 1 2 3 4 5 6 7 M.V.ACHUTHA VARIER S/O LATE P.V.KUNHIKRISHNA VARIER, AGED 72, THIRUVANATHU VARIAM, NEAR KURUR MANA, ADAT, THRISSUR. T.V.KRISHNANUNNI S/O LATE SANKARAN NAIR, AGED 69, THALAPALLI VATTAMPARAMBATH (H), KADAMPUZHA. K.KRISHNADASAN S/O CHATHU, AGED 65, KODINHI HOUSE, NAYYADIPPARA, KOTTAKKAL. P.VELU NAIR S/O LATE P.VELAYUDHAN NAIR, AGED 74, PALOTH HOUSE, KADAMPUZHA. P.SUBHADRA D/O LATE KODIYEDATH AYYAPPAN, AGED 70, KODIYEDATH HOUSE, KADAMPUZHA. C. PRABHAKARAN S/O C.APPU, AGED 68, CHIRAVAKKATHU HOUSE, KADAMPUZHA. P.CHANDRANANA D/O RAMAN NAIR, AGED 69, PARAVEETTIL,THIRUNNAVAYA. WP(C) NO. 7566 OF 2022 & Conn.cases 17 8 9 10 11 12 13 14 15 K.M.RAMAN KUTTY EMBRANDIRI S/O LATE A.S.VENKITESWARAN EMBRANDIRI, AGED 74, KIZHAKKEMADDAM, KURUMBATHUR, MALAPPURAM. P. RADHAKRISHNAN NAIR S/O LATE RAMAN NAIR, AGED 71, PARAVEETTIL HOUSE, THIRUNNAVAYA P.O., MALAPPURAM. DEVAYANI.K. W/O LATE CHANDRAN.C., AGED 62, CHEMBRANGODE HOUSE,KADAMPUZHA. CHANDRAMATHI.N.P. W/O LATE C.SURENDRAN, AGED 54, CHULLIYIL HOUSE, IRRINGAL, BADAGARA. VASANTHA KUMARI.K. W/O LATE C.JAYAPRAKASH, AGED 65, SAJANASREE HOUSE, PILATHARA, KADAMPUZHA. C.ANANDAVALLY W/O LATE MUKUNDAN, AGED 68, CHOLAPOOVATHINGAL HOUSE, KOTTAKKAL 676553.
PADMINI W/O LATE C.V.RAMANKUTTY VARRIER, AGED 65, TAVANUR MANA, THAVANUR. ADDL.P15 KARTHIYAYANI AMMA WIDOW OF VELU NAIR, AGED 64 YEARS, RESIDING AT PALOTH HOUSE, KADAMPUZHA, MALAPPURAM. (SUPPLEMENTAL PETITIONER IMPLEADED AS PER ORDER DATED 05/11/2018 IN IA.NO.01/2018) BY ADV SRI.MAHESH V RAMAKRISHNAN RESPONDENTS: 1 STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001. WP(C) NO. 7566 OF 2022 & Conn.cases 18 2 3 4 MALABAR DEVASWOM BOARD REPRESENTED BY THE COMMISSIONER, HOUSEFED COMPLEX, ERANHIPPALAM P.O., CALICUT-673006. THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM P.O., CALICUT-673006. KADAMPUZHA BHAGAVATHI DEVASWOM KADAMPUZHA, MALAPPURAM. REP BY ITS EXECUTIVE OFFICER 676583. BY ADVS. SMT.P.K.RADHIKA, SC, MALABAR DEVASWOM BOARD SRI.K.MOHANAKANNAN SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 19 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 39079 OF 2017 PETITIONERS: 1 2 3 4 5 6 7 8 N.ASOK KUMAR S/O. ACHUTHAN NAIR, AGED 71 YEARS, RETIRED EXECUTIVE OFFICER, MOYOTH HOUSE, NITTOOR P.O, THALASSERY 670 105. *DECEASED V. JAYASREE RAIL VIEW, THIRUVANGAD, THALASSERY. T.C KUNHIRAMAN NAMBIAR RETIRED EXECUTIVE OFFICER, DHWANI, TEMPLE ROAD, CHERUKUNNU, KANNUR. N.V SURENDRANATH RETIRED EXECUTIVE OFFICER, NAMBRATHETH HOUSE, NELLIKKATTIRI P.O, KOOTTANAD VIA PALAKKAD DISTRICT. P. VIJAYAN KRISHNA VARSHA, AZHEEKKODE KANNUR. K.P.M JAYANTHAN NAMBOODIRI KALADI PADINJERATH MANA, VALIYAKUNNU P.O, VALANCHERRY VIA, PALAKKAD. K.K SREENIVASAN SAI NIVAS, KOLOLAM P.O, EDAYANNUR, KANNUR. P.V NARAYANA MARAR AKLIATH MADAM, NEAR AKLIATH TEMPLE, WP(C) NO. 7566 OF 2022 & Conn.cases 20 9 10 11 12 13 14 15 16 AZHEEKKODE P.O, KANNUR. C MADHAVAN NAIR SUBHA KANTHI, MAVILAYI P.O, KANNUR. C.K RADHA W/O. LATE OC APPUKUTTY,CHAKKUNKANDIYIL HOUSE, THIRUVANGAD P.O, THALASSERY. AMMUKUTTY K KANDOTH KUNIYIL, MADAPEEDIKA, THALASSERY, KANNUR DISTRICT. K.P KUNHIKRISHNAN KRISHNA NIVAS, KULLIOT, KATHIROOR P.O, THALASSERY,KANNUR DISTRICT. P. GANGADHARA MARAR RAMAPADAM, THIRUVANGAD, THALASSERY. V EASWARAN NAMBOODIRI AGED 66 YEARS, S/O. SREEDHARAN NAMBOODIRI, DEVI NIVAS, KADLOOR P.O, THALASSERY. M. THANKAMANI AMMA W/O. LATE JAYANTHAN MOOSAD, ERAVATH ILLAM, THIRUVANGAD P.O THALASSERY. P. DIVAKARAN S/O. KUNHAMBU, KOORANKOT MEETHAL HOUSE, THIRUVANGAD P.O, THALASSERY. ADDL.P17 SUPPL.P.17.
SHYAMALA W/O LATE ASOK KUMAR, AGED 60 YEARS, ERAYINTAVIDA HOUSE, CHAMPAD P.O., PANOOR, KANNUR DISTRICT- 670 694. ADDL.P18 AMRUTHA D/O LATE ASOK KUMAR, ERAYINTAVIDA HOUSE, CHAMPAD P.O., PANOOR, KANNUR DISTRICT- 670 694. WP(C) NO. 7566 OF 2022 & Conn.cases 21 ADDL.P19 VISHNU E S/O LATE ASOK KUMAR, ERAYINTAVIDA HOUSE, CHAMPAD P.O., PANOOR, KANNUR DISTRICT- 670 694. ( ARE IMPLEADED AS ADDITIONAL PETITIONERS ADDL. P17 TO P19 AS PER ORDER DATED 13.07.2021 IN IA 1/2020. BY ADV CIBI THOMAS RESPONDENTS: 1 2 THE SECRETARY, MALABAR DEVASWOM EMPLOYEES WELFARE FUND HOUSEFED COMPLEX, ERANHIPALAM P.O, KOZHIKODE - 673 006. MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, ERANHIPPALAM P.O, KOZHIKODE - 673 006. BY ADV SMT.P.K.RADHIKA, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2024, ALONG WITH WP(C).7566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7566 OF 2022 & Conn.cases 22 JUDGMENT [R.P.No.560/2019, W.A.No.531/2015, WP(C) Nos.7566/2022, 198/2022, 3475/2017, 22545/2018, 21595/2021, 13847/2016, 23584/2017, 39079/2017] Amit Rawal, J. R.P.No.560 of 2019 This review petition has been filed against the verdict of this Court on the ground that the finding rendered by the Division Bench with regard to the temple being an establishment, the employees working thereon are entitled to gratuity, is not a correct position of law. However, looking at the contents of the review petition, we are of the view that an attempt is being made to re-agitate the issue, which is impermissible in law. Accordingly the review petition is dismissed. WP(C) Nos.7566/2022, 198/2022, 3475/2017, 22545/2018, 21595/2021, 13847/2016, 23584/2017, 39079/2017
Operative part
Once there is a finding with regard to the temple being an establishment, we deem it appropriate that all the employees of the temple/establishment have equal and efficacious WP(C) NO. 7566 OF 2022 & Conn.cases 23 remedy to approach the controlling authority for claiming gratuity or arrears in case some amount had already been disbursed, being a disputed question and fact and law. In case such applications are filed within one month from the receipt of certified copy of this judgment, there shall not be any objection with regard to the limitation. With the aforementioned observations, all writ petitions are disposed off. W.A.No.531 of 2015 This writ appeal stands disposed of in terms of the finding rendered by the Division Bench in W.A.1918/2013. Sd/- AMIT RAWAL JUDGE Sd/- C.S. SUDHA JUDGE WP(C) NO. 7566 OF 2022 & Conn.cases 24 APPENDIX OF WP(C) 198/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WA NO. 1918/2013 OF THIS HON'BLE COURT. WP(C) NO. 7566 OF 2022 & Conn.cases 25 APPENDIX OF WP(C) 3475/2017 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE PETITION DATED 23.12.2016 SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE MINISTER FOR DEVASWOMS EXHIBIT P2: TRUE COPY OF ORDER NO.H6-1089/2016 MDB DATED 29.12.2016 WP(C) NO. 7566 OF 2022 & Conn.cases 26 APPENDIX OF WP(C) 22545/2018 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN WA NO. 1918/2013 OF THIS HON'BLE COURT. WP(C) NO. 7566 OF 2022 & Conn.cases 27 APPENDIX OF WP(C) 21595/2021 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 22.4.2021 TO THE 2ND RESPONDENT TRUE COPY OF THE JUDGMENT DATED 21.3.2017 IN WP(C) NO.9490/2017 TRUE COPY OF THE ORDER NO.WF-4-277/17 DATED 25.2.2017 TRUE COPY OF THE GO.NO.204/2012 RD DATED 10.1.2012 WP(C) NO. 7566 OF 2022 & Conn.cases 28 APPENDIX OF WP(C) 13847/2016 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE GOVT.LETTER DATED 10.01.2012 OF THE 1ST RESPONDENT TO 2ND RESPONDENT. TRUE COPY OF THE LETTER DATED 18-07-2015 OF THE 3RD RESPONDENT TO 2ND RESPONDENT. TRUE COPY OF THE PROCEEDINGS DATED 27.01.2016 OF THE 2ND RESPONDENT. WP(C) NO. 7566 OF 2022 & Conn.cases 29 APPENDIX OF WP(C) 23584/2017 PETITIONER EXHIBITS EXHIBIT P1 THE PHOTOCOPY OF THE ORDER DATED 29.12.2016 PASSED BY THE 2ND RESPONDENT BOARD. WP(C) NO. 7566 OF 2022 & Conn.cases 30 APPENDIX OF WP(C) 39079/2017 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN WA NO. 1918/2013 OF THIS HON'BLE COURT. TRUE COPY OF THE JUDGMENT DATED 21.3.2017 IN W.P.C NO. 9490/2017.
EXHIBIT P3` TRUE COPY OF THE ORDER DATED 25.5.2017 PASSED BY THE 1ST RESPONDENT. WP(C) NO. 7566 OF 2022 & Conn.cases 31 APPENDIX OF WP(C) 7566/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 TRUE COPY OF THE LETTER NO.WF 3-140-20 DATED 03.09.2020 ISSUED BY THE 4TH RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 23.08.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. TRUE COPY OF THE LETTER NO.JY.3826/2021/MDB DATED 20.10.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 21.100.2016 IN WA NO.1918/2013.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: observations, all writ petitions are disposed off
Which court decided this case, and when?
Kerala High Court, on 11 Jan 2024. The bench was AMIT RAWAL MRS C S SUDHA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.