IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 30528 of 2010(M) --------------------------------------- PETITIONER(S): ----------------------- 1. EBY BENNY (1177), NO.2 DIVISION, KODUVAKARANAM ESTATE, LAKSHMI KOVIL P.O., PEERMADE. 2. GOVINDARAJ, EX-WORKER, NO.1 DIVISION, KODUVAKARANAM ESTATE, LAKSHMI KOVIL P.O., PEERMADE. 3. SMT.LOORDHAMMA, 1208 EX-WORKER, KODUVAKARANAM ESTATE, HOPE PLANTATIONS LTD., GLENMARY P.O., PEERMADE. BY ADV. SRI.BIJU C.ABRAHAM, SRI.BABU PAUL. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 AND DISTRICT LABOUR OFFICER, IDUKKI, THODPUZHA-685 584. 3. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI, 685 603. 4. HOPE PLANTATIONS LTD., KODUVAKARANAM ESTATE, GLENMARY P.O., 685 531, PEERMADE, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER. R1 TO R3 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 30528 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2010 J U D G M E N T The grievance of the petitioners pertains to the non-compliance with the orders in Exts.P1 to P3 by the 4th respondent. Exts.P1 to P3 are orders passed by the second respondent under section 7(4) of Payment of Gratuity Act. The amounts directed to be paid as per Exts.P1 to P3 are yet to be paid by the 4th respondent. In the said circumstances, the petitioners were constrained to make an application under section 8 of Payment of Gratuity Act. The grievance of the petitioner is that despite the receipt of application under Section 8, no steps were taken by the 3rd respondent for realizing the amount covered as per Exts.P1 to P3 by resorting to the provisions under the Revenue Recovery Act. The learned Government Pleader, upon instructions, submitted that pursuant to the receipt of applications made by the petitioner under Section 8 of the Payment of Gratuity Act, steps have already been taken for the purpose of recovering the amounts covered as per Exts.P1 to P3. It is further WPC.30528/2010 : 2 : submitted that such steps initiated would be completed expeditiously. This is recorded. Accordingly, there will be a direction to the 3rd respondent to take expeditious action for recovering the amounts covered by Exts.P1 to P3 in accordance with law. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge