IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 36161 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. SMT. ESTHER, W/O.LATE SOLOMON (CR NO. 311) NO.III DIVISION, BON AMI TEA GARDEN FAIRFIELD P.O.,IDUKKI DISTRICT. 2. AYYAPPILLAI, SUPERVISOR (CR NO.119) NO.1 DIVISION,BON AMI TEA GARDEN FAIRFIELD P.O.,IDUKKI DISTRICT. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 AND DISTRICT LABOUR OFFICER, IDUKKI, THODUPUZHA. 3. THE DISTRICT COLLECTOR, COLLECTORATE IDUKKI. 4. BON AMI TEA GARDEN, FAIR FILED P.O. IDUKKI DISRICT REPRESENTED BY ITS MANAGER. ADV. SMT.S.K.DEVI FOR R4 SRI.SANTHOSH P.ABRAHAM FOR R4 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.36161 of 2008 ================== Dated this the 27th day of January, 2009 J U D G M E N T By Exts.P1 and P2, the Controlling Authority under the Payment of Gratuity Act allowed the gratuity claims filed by two employees of the 4th respondent. The 1st petitioner herein is the legal heir of one of the deceased claimants and the 2nd petitioner is the claimant in the other. The petitioners' grievance in this writ petition is that the amounts as per Exts.P1 and P2 have not been paid to them yet. Therefore, they seek a direction to the 3rd respondent to initiate revenue recovery proceedings for recovery of the amounts due from the 4th respondent as per Exts.P1 and P2. The 4th respondent appears through counsel on receipt of notice from this Court. He submits that four months' time may be granted to him for payment of the amounts due. Exts.P1 and P2 orders were passed as early as in March, 2005. Almost 4 years are over. There is no justification for the 4th respondent to seek further time to pay the same. Accordingly, this writ petition is disposed of directing the 4th respondent to pay the amounts due as per Exts.P1 and P2 within one month from today, failing which the 3rd respondent shall immediately take steps under the Revenue Recovery Act for arrest and detention of the 4th respondent to enforce payment of the amounts. The petitioners would also be entitled to initiate contempt proceedings for non- compliance with the above directions. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2