IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WA.No. 2720 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.18753/2000 .................... APPELLANT(S): RESPONDENTS 1 & 2 IN OP: -------------------------------------- 1. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. REPRESENTED BY THE MANAGING DIRECTOR, SANTHI NAGAR, TRIVANDRUM. 2. MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., SANTHI NAGAR, TRIVANDRUM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): PETITIONER AND THIRD RESPONDENT IN OP: ----------------------------------------------------- 1. C.C.DEVASSIA, CHAKKALAKKAL HOUSE, COCHIN UNIVERSITY P.O., COCHIN 682 022. 2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. ADV. SRI.MILLU DANDAPANI FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.2720 OF 2007 () ----------------------------------- Dated this the 6th day of March, 2009 J U D G M E N T KOSHY,Ag.CJ. Writ petitioner's gratuity was not paid as petitioner was superannuated while vigilance enquiry and disciplinary proceedings are pending. The learned Single Judge held that under Section 4(6) of the Payment of Gratuity Act, gratuity can be forfeited only if the services of the employee is terminated, that too, to the extent to the loss caused to the employer. Here, service of the petitioner was not terminated but he was superannuated. The Payment of Gratuity Act is applicable to appellant's establishment also. Therefore, the learned Judge held that the writ petitioner is entitled to gratuity and that should be paid but claim for interests and costs was rejected. We see no ground to interfere in the same. If appellant lost any amount due to the action of the petitioner, it is for the W.A.2720/07 2 appellant to make steps for recovery through the civil proceedings but no recovery can be made from the gratuity. Appeal is accordingly disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008