IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 18691 of 2008(A) -------------------------------------- PETITIONERS : -------------------- 1. T.K.VIJAYAN,S/O.KUMARAN, AGED 65 YEARS,TURNER (H.G-I) (RETD), PANNIYAR SUB DIVISION,KSEB, THARANILATH HOUSE,ADIMALY P.O., IDUKKI DISTRICT. 2. SREEDHARAN PILLAI,S/O.G.PARAMESEWARAN PILLAI,AGED 65 YEARS, EXECUTIVE ENGINEER (RETD),L.P.CIRCLE, KSEB,VAZHATHOPE,AMBADY SREE, ADIMALY P.O.,IDUKKI DISTRICT. 3. RAJAPPAN.A.V.,S/O.VELAYUDHAN, AGED 63 YEARS,DRIVER (H.G.) (RETD), GENERATION SUB DIVISION,KSEB, KALLARKUTTY,AMBATTU HOUSE, MACHIPLAVU P.O.,IDUKKI DISTRICT. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENTS : ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT.OF KERALA, DEPARTMENT OF LABOUR,GOVT.SECRETARIAT, TRIVANDRUM-695 001. 2. THE LABOUR COMMISSIONER, TRIVANDRUM-695 001. 3. DEPUTY LABOUR COMMISSIONER, CIVIL STATION,KOTTAYAM, HOLDING CHARGE OF REGIONAL JOINT LABOUR COMMISSIONER,ERNAKULAM. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, ALONG WITH WPC NO. 19004 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).Nos. 18691 & 19004 OF 2008 ==================== Dated this the 11th day of July, 2008. J U D G M E N T In W.P.(C).No.19004/08, the petitioner is the employer in a gratuity claim, who filed an appeal before the appellate authority under the Payment of Gratuity Act, against the order of the Controlling Authority. In W.P.(C).No.18691/08, petitioners are claimants in a gratuity claim. The employer has filed an appeal against the order of the Controlling Authority, in favour of the petitioners. The petitioners in both writ petition are aggrieved because of non-disposal of the appeals expeditiously for the reason that the post of the presiding officer of the appellate authority remains vacant. In the above circumstances, I had directed the learned Government Pleader to ascertain as to within what time an appropriate person can be put in charge of the appellate authority. 2. Learned Government Pleader today submits that within one month the vacant post of appellate authority would be filled up. W.P.(C).Nos. 18691 & 19004 OF 2008 2 This is recorded and these writ petitions are closed. The stay granted by this Court in W.P.(C).No. 19004/08 will continue in force until the new Regional Joint Labour Commissioner takes charge, provided, the petitioner has deposited the amount required for maintaining the appeal, as per the provisions of the Payment of Gratuity Act. S.SIRI JAGAN, JUDGE bkn/-