IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19534 of 2011(N) --------------------------------------- PETITIONERS: --------------------- 1. P.SASIDHARAN NAIR, PULIVILA KIZHAKKETHIL VEEDU, NADUTHERY, THALAVOOR P.O., KOLLAM DISTRICT. 2. R.CHANDRAMOHANAN PILLAI, PUTHENPURAYIL VEEDU, ERANOOR, SATHANANTHAPURAM P.O., KOTTARAKARA, KOLLAM DISTRICT. 3. G.PONNACHAN, SHIJI BHAVANAM, ONTHUPARA, KUMARAMKUDY P.O., PIRAVANTHOOR, KOLLAM DISTRICT. 4. K.PRABHAKARAN, POURNAMI, KAMUKUMCHERRY, KARYARA P.O., PUNALUR, KOLLAM DISTRICT. 5. M.RAJAN, NISHA BHAVAN, KUNNIKKODE, THALAVOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.N.SASIDHARAN UNNITHAN. RESPONDENTS: ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695 023. 2. THE GRATUITY CONTROLLING AUTHORITY, (DISTRICT LABOUR OFFICER), CIVIL STATION, KOLLAM DISTRICT-690 013. R1 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C, R2 BY SR. GOVT. PLEADER SRI. S. ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19534/2011-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.C. NO.70/2008 FILED BY THE P.1. EXT.P.2: COPY OF THE G.C. NO.71/2008 FILED BY THE P.2. EXT.P.3: COPY OF THE G.C. NO.72/2008 FILED BY THE P.3. EXT.P.4: COPY OF THE G.C. NO. 28/2009 FILED BY THE P.4. EXT.P.5: COPY OF THE G.C. NO. 29/2009 FILED BY THE P.5. EXT.P.6: COPY OF THE WRITTEN STATEMENTS FILED BY THE RESPONDENT CORPORATION. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.19534 of 2011 ------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T The petitioners were empanelled drivers in the Kerala State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short). Their services were terminated in the years 2007 and 2008. Thereafter they filed Exts.P1 to P5 applications before the Controlling Authority under the Payment of Gratuity Act, 1972 seeking payment of gratuity. This writ petition is filed for an order directing the Controlling Authority under the Payment of Gratuity Act viz., the District Labour Officer, Kollam to expeditiously dispose of the said applications. 2. When the writ petition came up for hearing on 19.7.2011, the learned Government Pleader was directed to ascertain and submit whether Exts.P1 to P5 gratuity cases filed by the petitioners are pending before the second respondent. When the writ petition came up for further hearing today, though the learned Government Pleader did not have the requisite instructions, Sri.V.V.Nandagopal Nambiar, learned standing counsel appearing for the Corporation submitted on instructions that the said cases are pending. It is evident from the averments in the writ petition that W.P.(C) No.19534 of 2011 2 more than one year has passed after the petitioners moved the Controlling Authority under the Payment of Gratuity Act. If in law the petitioners are entitled to gratuity, certainly an expeditious disposal of the applications is required. I am therefore of the opinion that the Controlling Authority should consider the applications submitted by the petitioners and take an appropriate decision thereon expeditiously. I accordingly dispose of the writ petition with a direction to the second respondent to pass orders on Exts.P1 to P5 applications filed by the petitioners under the Payment of Gratuity Act, 1972 (G.C.Nos.70/2008, 71/2008, 72/2008, 28/2009 and 29/2009) expeditiously and in any event within three months from the date of receipt of a copy of this judgment. It is clarified that I have not expressed any opinion on the merits of the petitioners contention that they are entitled to gratuity under the Payment of Gratuity Act. The said question is left open to be decided by the Controlling Authority. P.N. RAVINDRAN, JUDGE. nj.