IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35554 of 2008(G) ------------------------------------- PETITIONER(S): ----------------------- 1. BADAGARA TALUK PRIMARY CO-OPERATIVE MARKETING SOCIETY LTD., KAKKATTIL P.O., VADAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, BADAGARA TALUK PRIMARY CO-OPERATIVE MARKETING SOCIETY LTD., KAKKATTIL P.O VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): -------------------------- 1. THE REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE. 2. THE DISTRICT LABOUR COMMISSIONER, KOZHIKODE. 3. BALAKRISHNA KURUP, S/O.SANKARA KURUP, PUTHIYAKOVILAKATH HOUSE, P.O.KALLACHI, VATAKARA TALUK, KOZHIKODE. GOVERNMENT PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 35554 of 2008 --------------------------------- Dated this the 2nd day of December, 2008. JUDGMENT The third respondent, an employee of the first petitioner society filed an application before the Controlling Authority under the Payment of Gratuity Act and this resulted in Ext.P1 order. The petitioners have a right of appeal under section 7(4) of the Act and this has been availed of by filing Ext.P2 appeal. Essentially the writ petition has been filed seeking a direction to the respondents to dispense with the pre-deposit contemplated by the 2nd proviso to section 7(7) of the Act. 2. Since the statute contemplates predeposit of the admitted amount and the petitioners also do not dispute the liability to pay the amount to the third respondent by way of gratuity, I am not in a position to accept the request made in this regard by the learned counsel for the petitioners. This court cannot direct a subordinate authority to do what is otherwise not permissible in law. There is no provision for either dispensation of the deposit of the admitted amount or for a permission to WPC. 35554/2008 2 deposit even a lessor amount. In the circumstances I find no merit in the writ petition. Accordingly, it is dismissed. V. GIRI, JUDGE. Pmn/