IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 21713 of 2008(I) -------------------------- PETITIONER: -------------- LOKNATH WEAVERS' INDUSTRIAL CO-OPERATIVE SOCIETY, NO.LL 99, CHOVVA, KANNUR 670N 006 REP. BY THE MANAGING DIRECTOR BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ----------------- 1. STATE OF KERALA REP. BY SECRETARY TO THE DEPARTMENT OF LABOUR GOVT. SECRETARIAT, THIRUVANANTHAPURAM 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 & DIST LABOUR OFFICER, KANNUR. 3. K.RAVEENDRAN, S/O.KRISHNAN SREE PANJAMI, NEAR KANIYILPALAM P.O. PAYYAMBALAM, KANNUR 4. THE SPECIAL DY. TAHASILDAR (RR) KANNUR. 5. THE VILLAGE OFFICER KANNUR-1 VILLAGE, KANNUR. BY ADV. SRI.P.M.PAREETH FOR R3 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 21713 OF 2008 I ==================== Dated this the 11th day of August, 2008 J U D G M E N T The challenge in this writ petition is against Exts. P5 and P5 (a) revenue recovery proceedings initiated at the instance of the 3rd respondent for realising his gratuity dues payable underExt.P2 order passed by the Controlling Authority. Though the petitioner has raised several contentions on the merits of the claim, this court was not satisfied with the contentions, but however the writ petition was admitted on condition that the petitioner remits 1/3rd of the amount due in order to give the petitioner an opportunity to pay the amount due in instalments, after putting the workmen concerned on notice. Counsel has now entered appearance on behalf of the workmen and it is now reported by both sides that the petitioner has complied with the condition of deposit of 1/3rd ordered by this court. 2. The learned counsel for the petitioner mainly contends the financial difficulties of the company and about the amount that is due to similar claimants and on that basis seeks an WPC 21713/08 :2 : instalment facility. Though the counsel for the workmen opposes the prayer, still considering the fact that the petitioner is in financial difficulties and at the same time is keen to discharge the liability, I feel a reasonable opportunity should be granted so that the petitioner can discharge the liability avoiding further coercive action against its establishment. 3. Having regard to all these, I direct that the petitioner shall pay the amount due in terms of Exts. P5 and P5(a) in five equal monthly instalments, the first of which shall be paid on or before 30th of August, 2008 and the subsequent instalments before 30th of every succeeding month. Subject to payment as above, further proceedings pursuant to Exts. P5 and P5(a) will stand stayed and it is clarified that in case the petitioner commits default in paying anyone of the instalments, respondents are free to continue the proceedings without further notice to the petitioner. 4. It is also ordered that it will be open to the workmen concerned to produce a copy of this judgment before the Controlling authority and apply for release of the amount WPC 21713/08 :3 : deposited by the petitioner pursuant to the interim order passed by this court. On such application made, the Controlling Officer shall pass appropriate orders. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp