IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 W.A.No. 1147 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.35367/2007 DATED 21/01/2008 .................... APPELLANT/4TH RESPONDENT --------------------------------------------- MANAGING DIRECTOR, CAPEX, KOLLAM. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR SRI.SAJU JOHN SRI.V.VARGHESE RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 & 5 --------------------------------------------------------------------------0-------- 1. CHINNAMMA, KATTUPARAMBIL VEEDU, PATHIYOOR EAST, KEWERIKAD P.O. PIN - 690 508, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY, LABOUR DEPARTMENT, KERALA STATE SECRETARIAT, THIRUVANANTHAPURAM. 4. SECRETARY, INDUSTRIAL DEPARTMENT, KERALA STATE SECRETARIAT, THIRUVANANTHAPURAM. 5. THE DISTRICT LABOUR OFFICER, ALAPPUZHA. R1 BY ADV. SRI.P.RADHAKRISHNAN R2 TO R5 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1147 of 2008 ------------------------------------------ Dated, this the 15th day of July, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.35367 of 2007 dated 21st January, 2008. 2. The writ petition was filed by a workman who retired from the service of the 4th respondent organisation. The writ petition is filed in the representative capacity. In the writ petition filed, the only direction that was sought by the petitioner was to direct respondents 1 to 4 to pay the gratuity amount payable by the 4th respondent to the petitioner and other similarly situated persons. It was her further case before the learned Single Judge that nearly 17 years after their retirement from service, the 4th respondent had not paid the gratuity amount payable to them. Further it is stated that those workmen who retired from service after the petitioner and others have retired from service, have been paid the gratuity amount. 3. The learned Single Judge taking into consideration the facts pleaded by the petitioner and after hearing the learned counsel W.A.No.1147 of 2008 2 appearing for the 4th respondent has come to the conclusion that there is no justification for the 4th respondent to withhold the gratuity amount payable to the petitioner and other similarly situated persons. Therefore, has issued a positive direction to the 4th respondent to pay up the gratuity amount payable to the petitioner and other similarly situated persons within two months from the date of receipt of a copy of this Court's order. Further the learned Single Judge has observed in his order that if for any reason the 4th respondent fails to comply with the orders and directions issued by this Court, the District Collector will take appropriate revenue recovery proceedings against the 4th respondent. 4. The admitted facts are; the petitioner and others retired from the service of the 4th respondent nearly 17 years ago. They are entitled to get their gratuity amount. The 4th respondent ought to have taken care and precaution to pay up the gratuity amount payable to the petitioner and others within a reasonable time. Since that has not been done in the present case, in our opinion, the learned Single Judge is justified in passing the impugned order. We do not see any error in the orders passed by the learned Single Judge which would call for our interference in appeal. W.A.No.1147 of 2008 3 5. Therefore, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns