IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 23616 of 2005(J) -------------------------- PETITIONER: ------------ SAHITHYA PRAVARTHAKA CO-OP.SOCIETY, LTD. NO. 2458, KOTTAYAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, (APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT) 1972, ERNAKULAM, KAKKANAD. 4. THE DISTRICT LABOUR OFFICER, (CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972) KOTTAYAM. 5. K.LATHIKAMMA, THAZHATHEKUTTU(SRUTHY) HOUSE, ETTUMANOOR P.O. KOTTAYAM DISTRICT. 6. ANJU.S. NAIR, THAZHATHEKUTTU SRUTHY HOUSE, ETTUMANOOR P.O. KOTTAYAM DISTRICT. 7. T.S.RENJU, THAZHATHEKUTTU, SRUTHY HOUSE, ETTUMANOOR P.O. KOTTAYAM DISTRICT. BY ADV. SRI.RAJEEV V.KURUP FOR R5&7 SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23616/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REVENUE RECOVERY DEMAND NOTICE FOR ATTACHMENT OF MOVABLE PROPERTIES NO.C7(1)1714/05 ISSUED BY R2. P2 : COPY OF NOTICE DATED 26/05/2005 ISSUED BY R2. P3 : COPY OF RELEVANT PORTION OF SERVICE BOOK OF THE DECEASED EMPLOYEE T.K.SASIDHARAN NAIR. P4 : COPY OF ORDER IN G.C.14/2003 DATED 28/10/2004. P5 : COPY OF APPEAL FILED BY PETITONER BEFORE LABOUR COURT, ERNAKULAM. P6 : COPY OF COMMUNICATION ISSUED BY R3 REJECTING THE APPEAL FILED BY PETITIONER. P7 : COPY OF AFFIDAVIT ATTACHED TO THE EXEMPTING PETITION. P8 : COPY OF SHOW CAUSE NOTICE ISSUED BY R4 DATED 04/02/2005. P9 : COPY OF EXPLANATION DATED 03/03/2005 SUBMITTED BY PETITIONER TO EXT.P8 SHOW CAUSE NOTICE. RESPONDENT'S EXHIBITS R5(a) : COPY OF WRITTEN STATEMENT IN G.C.NO.14/03 FILED BY PETIITONER BEFORE R4. R5(b) : COPY OF CERTIFICATE DATED 03/10/2005 ISSUED BY ETTUMANOOR SERVICE CO-OPERATIVE BANK. R5(c) : COPY OF EXECUTION PETIITON IN G.C.NO.14/03 FILED BEFORE R4. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 23616 of 2005 --------------------------------- Dated, this the 5th day of June, 2008 J U D G M E N T The writ petition is filed challenging recovery proceedings for recovery of arrears of gratuity payable by the petitioner to respondents 5 to 7. Learned counsel for the petitioner submitted that under interim orders of this Court, substantial amounts have been paid. I do not find any justification to delay payment any more. However, since in view of the financial difficulty expressed by petitioner, petitioner is granted another four months time from today to pay the entire arrears with interest. If payments are not made on or before 30/09/2008, recovery will be continued thereafter. Management can adjust amounts, if any due, from the claimants from the gratuity to be paid to them. (C.N.RAMACHANDRAN NAIR, JUDGE) jg