IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 22654 of 2009(B) -------------------------- PETITIONER(S): --------------- D.REETA, D/O.DEVADASAN, AGED 70 YEARS, 22/13, KANNAYIRAM STREET, SIVASANKARAN NAGAR, CHROMEPET, CHENNAI-600 044, REPRESENTED BY POWER OF ATTORNEY HOLDER ARPUTHARAJ, S/O.SAMINATHAN, 11/35, KRISHNADAS, 4TH STREET, MANGALAPURAM, PERAMBUR, CHENNAI-12. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT. LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT LABOUR OFFICER, CONTROLLING AUTHORITY UNDER GRATUITY ACT, IDUKKI DISTRICT, THODUPUZHA. 3. KANNANDEVAN HILLS PLANTATION CO.LTD., MUNNAR, REPRESENTED BY THE MANAGING DIRECTOR. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22654/2009 -------------------- Dated this the 12th day of August, 2009 JUDGMENT Petitioner is the sister of late Yesumariya, who was an employee of the Nallathani Tea Estate, which is under the management of the 3rd respondent. Yesumariya died on 16.2.2008. According to the petitioner, she has been nominated to receive the gratuity and service benefits due under the account of late Yesumariya. Ext.P2 notice was issued by the 2nd respondent to the petitioner to receive the said amount. This writ petition has been filed seeking the following reliefs:- (i). To issue a writ in the nature of mandamus or any other appropriate writ, order or direction, to call for the records leading to the case and direct the 2nd respondent to disburse the gratuity of Yesumariya to the petitioner. (ii). Issue such other appropriate relief, as this Honourable Court may deem fit and proper in the facts and circumstances of the case. W.P.(C).22654/2009 2 2. Learned counsel appearing for the 3rd respondent submits that the gratuity amount due under the account of Yesumariya has been deposited with the 2nd respondent. In the circumstances, if the petitioner approaches the 2nd respondent in person, then, on verification of the nominations and ascertaining the identity of the person, amounts shall be released to the petitioner. If the petitioner appears through the Power of attorney holder, then genuineness of the Power of Attorney shall be ascertained and same procedure shall be followed and the amounts shall be disbursed by way of Demand Draft drawn in the name of the nominee. Writ petition is disposed of as above. V.GIRI, Judge mrcs