IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 34653 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. T.KALIMUTHU, S/O.THAPASIMUTHU NADAR, AGED 66 YEARS, PONNILLAM, KOLAHALAMEDU, VAGAMON P.O., PIN 685 503, PEERUMEDU TALUK, IDUKKI DISTRICT. 2. A.GEORGE, S/O.A.EAPEN, AGED 61 YEARS, XAVIER QUARTERS, KALAKKULAM, BONAMI P.O., IDUKKI DISTRICT. 3. T.KANAKARAJ, S/O.THANKKAYAH, AGED 61 YEARS, KOLAHALAMEDU VAGAMON, PEERUMEDU TALUK, IDUKKI DISTRICT. 4. M.V.KUTTAPPAN, S/O.VARKEY, AGED 61 YEARS, KALLANIKKATHADATHIL HOUSE, KOLAHALAMEDU VAGAMON, PEERUMEDU TALUK, IDUKKI DISTRICT. 5. T.DEVARAJ, S/O.THOTTIYANKARAYAN, AGED 62 YEARS, CHEDIKUZHY PUTHUVAL, KOLAHALAMEDU VAGAMON, PEERUMEDU TALUK, IDUKKI DISTRICT. 6. A.K.BHASI, S/O.KESAVAN, AGED 60 YEARS, APPOZHATHUVEEDU, VAGAMON, PEERUMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.PHILIP MATHEW RESPONDENT(S): --------------- 1. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VELLANIKKARA KAU P.O PIN 680 656, THRISSUR DISTRICT. 2. MANAGING DIRECTOR, KERALA LIVESTOCK DEVELOPMENT BOARD LTD., GOKULAM, PATTOM, THIRUVANANTHAPURAM 695 004. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM. ADV. SRI. RANJITH THAMPAN, S.C. SRI. MILLU DANDAPANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, ALONG WITH WPC NO. 34657 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C. NO. 34653/2008. ---------------------------------------------------------------------- EXT.P1 TRUE COPY OF MEMORANDUM OF UNDERTAKING. EXT.P2 NOTIFICATION DT. 5-9-2000. EXT.P3 MINUTES OF THE MEETING HELD ON 6-2-2008. EXT.P4 REPLY DT. 20-4-2006. EXT.P5 LEGAL NOTICE DT. 26-7-2008. EXT.P6 REPLY DT. 23-9-2008. EXT.P7 REPLY DT. 30-9-2008 RESPONDENTS' EXHIBITS: --------------------------------------- EXT. R2(a) TRUE COPY OF MINUTES OF THE MEETING. EXT.R2(b) LETTER DT. 1-1-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 34653 & 34657 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th October, 2009. J U D G M E N T The petitioners in these two writ petitions are retired employees of the 1st respondent-University. Their grievance in these writ petitions is that although they had retired long ago, the gratuity due to them are still remaining unpaid. The contention of University is that they are unable to pay the gratuity because of paucity of funds and they are expecting further funds from the Government. They also contend that for paying gratuity to the petitioners, who were erstwhile employees of the Kerala Live Stock Development Board Ltd., who were absorbed by the University, the Kerala Life Stock Development Board Ltd., is liable to pay contributions towards payment of retirement benefits due to the petitioners proportionate to their service with the KLSDB Ltd.,. This is disputed by the Kerala Life Stock Development Board Ltd.,. I do not think that I am expected to go into this controversy between the University and the Kerala Life Stock Development Board Ltd., because both are Government entities. If the University is of opinion that any amounts are payable by the Kerala Life Stock Development Board Ltd., they are perfectly free to recover it from the Kerala Life Stock Development Board Ltd.,. But, the liability to pay gratuity to the petitioners is squarely with the University. The learned standing counsel therefore submits that the University may be given three months' time to pay off the gratuity due to the petitioners. Accordingly, these writ petitions are disposed of with a direction to the University to pay gratuity due to the petitioners within three months with interest due as per the statute. Sd/- S. Siri Jagan, Judge. Tds/