IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 9401 of 2011(A) ------------------------- PETITIONER: ------------------- PRASAD.K.V, S/O. LATE VARGHESE, KOTTAMALA TEA GARDEN, VAGAMON. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 AND DISTRICT LABOUR OFFICER, IDUKKI, THODUPUZHA. PIN-685584. 3. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI-685603. 4. KOTTAMALA TEA GARDEN,VAGAMON, REPRESENTED BY ITS MANAGER. PIN-685503. 5. TAHSILDAR, TALUK OFFICE, PEERMADE-685531. BY GOVT. PLEADER, SRI. MANOJ.P.KUNJACHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, ALONG WITH WPC NO. 9402 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C).No. 9401 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 20/06/2010 PASSED BY THE 2nd RESPONDENT IN GC NO. 17/2003 P2 COPY OF THE JUDGMENT DATED 27/1/2009 IN WP(C) NO.36161 /2008 (E) RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE MM P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 9401 of 2011 ------------------------------- Dated this the 21st day of October, 2011 J U D G M E N T This writ petition is filed for an order directing the third respondent, the District Collector, Idukki to initiate proceedings under the Kerala Revenue Recovery Act, 1968 against the fourth respondent to recover the amount awarded as gratuity in Ext.P1 order passed by the second respondent on 20.6.2010. It is stated that Ext.P1 order has attained finality, that the applicant-employee died during the pendency of the application before the controlling authority, that thereupon the petitioner herein was impleaded as a party to the application and therefore the fourth respondent is bound to pay the amount directed to be paid in Ext.P1 order to him. 2. The learned Government Pleader appearing for the official respondents submitted on instructions that till date a requisition has not been received from the District Labour Officer and that is the reason why the District Collector has not been able to take steps to recover the amount awarded as gratuity and to pay it over to the petitioner. The learned counsel for the petitioner does not dispute the said submission. In such circumstances, I dispose of the writ petition with a W.P.(C) No.9401 of 2011 2 direction to the District Labour Officer, Idukki to make a requisition to the District Collector for effecting recovery of the amount awarded as gratuity to the petitioner in Ext.P1 order dated 20.6.2010. The requisition shall be made within one month from the date of receipt of a certified copy of this judgment. The District Collector shall thereupon issue appropriate directions to the Tahsildar concerned to take expeditious steps to recover the amount due from the fourth respondent in accordance with the provisions contained in Kerala Revenue Recovery Act, 1968. The proceedings initiated under the Kerala Revenue Recovery Act, 1968 shall be finalised within four months from the date of receipt of the orders of the District Collector. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 9401 of 2011 JUDGMENT Dated:- 21st October, 2011 --------------------------------------