IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 35998 of 2007(I) ---------------------------------------- PETITIONER: ------------------- THE CANNANORE CO-OPERATIVE SPINNING MILLS LTD., P.B.NO.205, P.O.CHOVVA, KANNUR - 6. REP. BY ITS MANAGING DIRECTOR, T.SUKUMARAN NAIR. BY ADV. SRI.E.K.NANDAKUMAR SRI.JAYASANKAR A.K. SRI.JOHN MATHAI .K. SRI.BENNY P.THOMAS SRI.ANIL D.NAIR RESPONDENTS: ------------------------- 1. SRI.K.ACHUTHAN, S/O.KANNAN, KOROTH HOUSE, KANACHERY, P.O.EACHUR, KANNUR - 670 591. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER) KANNUR - 670 002. BY ADV. SRI.P.M.PAREETH - R1 BY SR. GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35998/2007 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BALANCE SHEET AND PROFIT & LOSS ACCOUNT OF THE PETITIONER FOR THE PERIODS 1ST APRIL 2006 TO 31/3/2007. EXT.P2: COPY OF THE APPLICATION FOR GRATUITY GC NO.205/2005 DTD. 30/08/2005 FILED BY THE FIRST RESPONDENT. EXT.P3: COPY OF THE WRITTEN STATEMENT DTD. 07/05/2006 BY THE PETITIONER IN GC NO.205/2005. EXT.P4: COPY OF THE ORDER IN GC NO.205/2005 DTD. 16/06/2007 PASSED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE REQUEST GIVEN BY SRI.P.JAYARAJAN DTD. 22/09/2007. EXT.P6: COPY OF THE RECEIPT ISSUED BY SRI.P.JAYARAJAN DTD. 27/09/2007. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE NOTICE DTD. 31/12/07 ISSUED BY THE BANK. EXT.R1(B): COPY OF THE NOTICE DTD. 31/12/07 ISSUED BY THE BANK. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 35998 OF 2007 = = = = = = = = = = = = = Dated this the 11th day of June, 2008. J U D G M E N T The petitioner is a company which is stated to be in dire financial straits. They are challenging Ext.P4 order of the controlling authority under the Payment of Gratuity Act, whereby certain amounts have been directed to be paid as gratuity with interest to the 1st respondent. However, their only contention is that they are unable to pay the amounts because of financial stringency. According to them, they are paying gratuity to the retired employees in the order of priority of their dates of retirement, a few persons every month. Now the petitioner submits that the 1st respondent's turn has come in accordance with the priority and they are prepared to pay the balance principal amount within two weeks and the interest in two months. In the above circumstances, I dispose of this writ petition with the following directions: The petitioner shall pay to the 1st respondent, the balance principal amount covered by Ext.P4 order of the controlling authority, within two weeks from today. The interest awarded as per Ext.P4 shall be paid within two months therefrom. S.SIRI JAGAN, JUDGE bkn/-