IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 13833 of 2006(V) ---------------------------------- PETITIONER(S): ------------------- CHELLAMMA @ SARASWATHY, W/O. LATE MAYANDI, AGED 66 YEARS, SARASWATHY VILASAM, VETTITHITTA P.O., MUKKADAVU, PUNALUR, KOLLAM. BY ADV. SMT.SONIYA.M RESPONDENT(S): -------------------- THE MANAGING DIRECTOR, TRAVANCORE PLYWOOD INDUSTRIES LTD., PUNALUR. BY GOVT.PLEADER SRI.P.NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 13833/2006(V) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEMO DATED 12/07/1990 ISSUED BY THE RESPONDENT TO THE PETITIONER'S HUSBAND. P2: COPY OF THE REPLY DATED 23/06/1990 OF LATE MAYANDI. P3: COPY OF THE ORDER DATED 15/06/2005 OF THE CONTROLLING AUTHORITY, DISTRICT LABOUR OFFICER, KOLLAM. RESPONDENTS EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.13833 OF 2006 --------------------------------------- Dated this the 12th day of November, 2010 JUDGMENT The petitioner's husband was a Mason in the respondent's establishment. On the eve of the retirement of the petitioner's husband, he was suspended from service. Two months after retirement, in an enquiry, he was found guilty of the misconduct on allegation of commission of which he was suspended and he was dismissed from service with retrospective effect. The gratuity due to the petitioner's husband was forfeited. Later on, the petitioner's husband filed an application for gratuity before the controlling officer under the Payment of Gratuity Act, which was later withdrawn. The petitioner's husband died on 20.1.2004 without getting any service benefits. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Call for the records leading to issuance of Exts.P-1 & P-2 from the respondent and quash that part of the order forfeiting the Gratuity of Late Mayandi in Ext.P-1 by issuing a Writ of Certiorari; (ii) issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondent to disburse the Gratuity of Late W.P.(C)No.13833/06 2 Mayandi, Mason having Token No.120, to the petitioner forthwith”. Despite service of notice on the respondent, the respondent did not care to enter appearance and contest the matter. On 19.7.2006, this Court passed the following interim order: “Though notice has been served on the respondent, none appears. Counsel for the petitioner has pressed for the interim relief. Hence there will be an interim direction to the respondent to disburse provisionally the gratuity of late Mayandi to the petitioner within one month.” Still, the respondent has not cared to enter appearance and contest the matter. In the above circumstances, this writ petition is disposed of in terms of the interim order. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13833/06 3 W.P.(C)No.13833/06 4