IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 21503 of 2005(I) -------------------------- PETITIONER: ------------ P.A.ALIYAR, AGED 72 YEARS, S/O.LATE ABDUL RAHMAN, KALARICKAL HOUSE, H.NO.10/197, THURUTH, ALUVA. BY ADV. SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR SRI.BIJOY CHANDRAN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR, (REVENUE RECOVERY), ALWAYE, ERNAKULAM DISTRICT. 3. SMT.G.DEVAKI, PROPRIETRIX, LAKSHMI VILASAM TILE WORKS, THURUTH, ALUVA. BY ADV. SRI.C.S.MANU SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008, ALONG WITH WPC NO. 26520 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21503/2005/I APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE SAID ORDER DATED 4/5/98, PASSED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT IN GC NOS.35 TO 46/98. EXT. P2: COPY OF THE JUDGMENT DATED 26.10.99 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN O.P.NO.20234/99. EXT. P3: COPY OF THE JUDGMENT DATED 22.03.05 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN O.P.NO.10852/02. EXT. P4: COPY OF THE ENCUMBRANCE CERTIFICATE DATED 02.04.05 ISSUED BY THE CHENGAMANAD VILLAGE. EXT. P5: COPY OF THE NOTICE OF SALE (RRS 112/98 TO 123/98) DATED 25.04.00 ISSUED BY THE SECOND RESPONDENT. EXT. P6: COPY OF THE CALCULATION STATEMENT SHOWING THE ARREARS OF GRATUITY AS PER EXT.P1 AS ON JULY 2005. EXT. P7: COPY OF THE REPRESENTATION DATED 12.05.05 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT. P8: COPY OF THE REPRESENTATION DATED 22.6.05 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT. P9: COPY OF THE POSTAL RECEIPT AND ACKNOWLEDGEMENT CARD OF EXT.P8. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) Nos. 21503 & 26520 of 2005 ======================= Dated this the 19th day of February, 2008 JUDGMENT W.P.(C) No.26520 of 2005 is filed challenging the revenue recovery proceedings for recovery of gratuity amounts awarded to various retired employees as per orders in gratuity claims filed by them. W.P.(C) No.21503 of 2005 is filed by one of the employees representing all the other employees seeking direction to the revenue authorities to complete the revenue recovery proceedings for recovery of amounts covered by Ext.P1 order by the Controlling Authority under the Payment of Gratuity Act. 2. Now it is submitted by the learned Government Pleader on instructions from the Controlling Authority, under the Payment of Gratuity Act that an amount of Rupees Six lakhs has been received by the Controlling Authority towards amounts due as per Ext.P1 order in W.P.(C) No.21503 of 2005 and that parties have come to an agreement by which the employees have agreed to accept a total amount of Rs.5,80,000/- as gratuity W.P.(C) Nos. 21503 & 26520/2005 -2- payment to them leaving a balance of Rs.20,000/- with the authority. The parties now submit before me that the Controlling Authority may be directed to disburse Rs.5,80,000/- to the petitioners in the gratuity claims and to refund the balance of Rs.20,000/- to the petitioner in W.P.(C) No.26520/2005, who is the employer in the gratuity claims. The learned Government Pleader also submits that Rupees Four lakhs had already been disbursed to the employees concerned. In the facts and circumstances of the case, I direct the District Labour Officer, Ernakulam to refund an amount of Rs.20,000/- to the petitioner in W.P.(C) No.26520/2005 and to disburse the balance amount available with him to the petitioners in the gratuity claims in accordance with law within one month from the date of receipt of a copy of this judgment. The writ petitions are disposed of as above. S.SIRI JAGAN, JUDGE jp