IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 12676 of 2010(H) -------------------------- CP.10/2008 of LABOUR COURT, KOLLAM .................... PETITIONER(S): ------------------------ K.SUNDARESAN, AGED 62 YEARS, (EX-MECHANICAL ENGINEER) THOMAS STEPHAN TITLE WORKS RESIDING AT SUJA MANGALAM, PERUMON.P.O., PERINAD, KOLLAM. BY ADVS. SRI.K.BABU RAJAN SRI.SREEKANTH S.NAIR RESPONDENT(S): ----------------------- 1. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S. THOMAS STEPHAN & CO. LTD., (UNDER LIQUIDATION), REPRESENTED BY THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA. BY SRI. K. MONI SC FOR OFFICIAL LIQUDATOR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12676 of 2010 APPENDIX: PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE AWARD DATED 6.5.2002 IN I.D. No. 47/1998 BY THE LABOUR COURT, KOLLAM. EXHIBIT P2: TRUE COPY OF THE GAZETTE NOTIFICATION G.O.(Rt)No.2151/2002/LBR DATED 19.7.2002. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 31.5.2008 IN CP.No.10/2008 BY THE LABOUR COURT, KOLLAM. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 2.2.2005. EXHIBIT P5: TRUE COPY OF THE DEMAND NOTICE DATED 20.10.2005 BY THE DISTRICT COLLECTOR. EXHIBIT P6: TRUE COPY OF THE TENDER NOTICE DATED 13.1.2010. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 12676 OF 2010 -------------------------- Dated this the 27th day of June, 2011 J U D G M E N T This writ petition is filed seeking a direction to the Official Liquidator to pay the amounts due under Ext.P1 award passed by the Labour Court, Kollam and Exts.P3 and P4 orders passed by the Labour Court, Kollam under section 33(C)(2) of the Industrial Disputes Act, 1947 and section 7 of the Payment of Gratuity Act, 1972. 2. Sri.K.Babu Rajan, the learned counsel appearing for the petitioner submitted that since the employer company is under liquidation the remedy of the petitioner is to move the liquidator seeking payment of the amounts claimed in the writ petition as and when the official liquidator invites claims. Sri.K.Moni, the learned counsel appearing for the Official Liquidator submitted that, that stage has not yet reached. In such circumstances, the writ petition is dismissed as withdrawn reserving liberty with the petitioner to move the Official Liquidator claiming the amounts involved in the writ petition. P.N.RAVINDRAN, (JUDGE) vps