IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 RP.No. 578 of 2008(C) --------------------- AGAINST THE JUDGEMENT IN WPC.25642/2007 Dated 12/11/2007 .................... : REVIEW PETITIONER/IST RESPONDENT IN THE WPC ------------------------------------------------------------ CO-OPERATIVE SUPPLY & MARKETING SOCIETY, KAVARATTI, LAKSHADWEEP. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: PETITIONER & THE 2ND RESPONDENT IN THE WPC ------------------------------------------------------- 1. K.P.KHADER, S/O.ATTAKKOYA, CHAMATHPURA, KAVARATTI, LAKSHADWEEP. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATION AND CIVIL SUPPLIES, ADMINISTRATION OF THE U.T. OF LAKSHADWEEP, KAVARATTI, LAKSHADWEEP. BY ADV. SRI.M.A.ABDUL HAKHIM FOR R1 SRI.JYOTHISH.J.KALLINGAL FOR R1 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rtr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.No.578 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of September, 2008. O R D E R 1.The first respondent in the writ petition is the review petitioner, which is a co-operative society. The writ petitioner was its employee. He retired in 1999. He raised certain claims for payment of gratuity and other retiral benefits. Directions were issued as per the judgment sought to be reviewed fixing a time limit of three months to finalize the question of gratuity and also to finalize other retiral benefits. The second respondent Registrar was directed to ensure that the directions are carried out. 2.This review petition is filed on the short premise that the review petitioner, the first respondent in the writ petition was under the impression that it need appear only within three RP578/2008 -: 2 :- months since it was stated in the notice that the counter affidavit be filed in three months and still further,that the writ petitioner, employee, is a debtor of the employer under different transactions and the total amounts that may be available to the writ petitioner as retiral benefits will be far below the amounts due from him to the employer under those transactions. In the aforesaid circumstances, this review petition is ordered directing that the directions contained in the judgment regarding quantification of the amounts shall be carried out within three weeks from the date of receipt of a copy of this judgment. While the employer will be entitled to take such action in accordance with law for adjustment or quantification and recovery of any amount due from the writ petitioner employee, all his rights to challenge the decisions shall also stand open. If the employer concludes that monies are due to the writ petitioner employee on settlement of RP578/2008 -: 3 :- accounts, that will be released within a period of one month from the quantification as directed above. Provident fund amounts due shall be released to the writ petitioner within three weeks from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/040908