IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 18310 of 2008(D) -------------------------------------- PETITIONER: --------------------- 1. T.D. RAJAN, THAKIDIVELIL, MARARIKULAM NORTH P.O., ALAPPUZHA DISTRICT. 2. SASEENDRAN, PUTHENVELIL, MARARIKULAM NORTH P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SRI.S.KRISHNA MOORTHY SRI.K.S.HARIDAS RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA, 2. SPECIAL TAHSILDAR, (REVENUE RECOVERY), AMBALAPUZHA TALUK, ALAPPUZHA. 3. DISTRICT LABOUR OFFICER, ALAPPUZHA. 4. THE SECRETARY, THE SOUTH INDIAN COIR MATES AND MATTINGS, CO-OPERATIVE SOCIETY LTD., NO. 522,POOMKAVU, P.B. NO.2 PATHIRAPALLY P.O., ALAPPUZHA. 5. THE VILLAGE OFFICER, KOMALAPURAM VILLAGE AVALAKUNNU P.O., ALAPPUZHA 688 006. BY GOVERNMENT PLEADER SRI.P.N. SANTHOSH ADV. SRI.A.JAYASANKAR FOR R4 SRI.MANU GOVIND FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18310 of 2008(D) -3- APPENDIX PETITIONERS' EXHIBITS EXT.P1 - THE TRUE COPY OF THE ORDER AND NOTICE APPENDED DATED 6.9.2007 PASSED BY THE 3RD RESPONDENT IN C.C. NO. 2/2005. EXT.P2 - THE TRUE COPY OF THE ORDER DATED 26.7.2007 PASSED BY THE ERD RESPONDENT IN C.C. NO. 01/2005. EXT.P3 - THE TRUE COPY OF THE JUDGMENT DAGTED 2.1.2007 IN W.P.(C) NO. 30275 OF 2006. EXT.P4 AND P4(a) - TRUE COPY OF THE REPRESENTATIONS DATED 5.6.2008. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No. 18310 of 2008 ================== Dated this the 30th day of July, 2008. J U D G M E N T The petitioners are retired employees of the 4th respondent against whom they obtained orders from the controlling authority under the Payment of Gratuity Act for payment of gratuity due to them. The 4th respondent - Society did not pay the same. Therefore the petitioners requested the 3rd respondent to initiate recovery proceedings pursuant to requisition made by the 3rd respondent. Respondents 1 and 2 are not taking appropriate steps to recover the amount from the 4th respondent, is the grievances raised by the petitioners in this writ petition. The 4th respondent appears through counsel and submits that it is only because of extreme financial difficulties faced by the society, they are unable to pay the same. According to them the Government as well as the petitioners are aware of the situation, and if coercive steps are taken the society will have to be wound up even. 2. It is settled law that financial difficulties cannot be the ground for non-payment of gratuity due to retired employees. In W.P(C)No. 18310 of 2008 - 2 - view of the said circumstances, the learned counsel for the 4th respondent seeks facility to pay the amounts due to the petitioners in instalments. This is also opposed by the Counsel for the petitioner. 3. However, taking a lenient view, I permit the 4th respondent to pay amounts due to the petitioners in three monthly instalments payable on 1/9/2008, 3/10/2008 and 1/11/2008. If the 4th respondent pays the instalments on the due dates further proceedings shall be kept in abeyance by the 1st respondent. But if the petitioner commits default in payment of any one instalment, respondents 1 and 2 shall take appropriate steps on intimation by the 3rd respondent within immediate effect for recovery of the entire amounts due in a lump sum. The instalment amounts shall be deposited directly before the 3rd respondent. The writ petition is disposed of accordingly. S.SIRI JAGAN, JUDGE rhs