IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 3074 of 2009(N) ------------------------- PETITIONER(S): --------------- THE KANNADIPARAMBA WEAVERS INDUSTRIAL (WORK SHOP) CO-OPERATIVE SOCIETY LTD., NO.HL IND (C)21, P.O.KANNADIPARAMBA, KANNUR 670604, REPRESENTED BY ITS PRESIDENT, K.N.C.MOHAMMED KUNJI KANNADIPARAMBA, KANNUR DISTRICT. BY ADV. MR.A.MOHAMED MUSTAQUE MR.KAUSER EDAPPAGATH RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIAL CENTRE, KANNUR. 3. THE DEPUTY TAHSILDAR (RR), KANNUR. ADD.R4 - C.KARUNAKARN CHULLERI HOUSE, MATHODAM, P.O. KANNADIPARAMBA, KANNUR DIST. ADD.R5 - C.M.BHASKARAN CHALA MADAPURAKKAL HOUSE, MATHODAM, P.O.KANNADIPARAMBA, KANNUR DIST. ADD.R6 - K. ROHINI, KANI HOUSE, PUTHENTHERU, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL.R7 - K.V.SAVITHRI, WIFE OF (LATE) K.P.BALAKRISHNAN, KANNARATH HOUSE, PAZHANGODE, P.O.,CHERUKANNAM ADDL.R8 - M.KAMALAKSHI, CHULLERI HOUSE, MATHODAM, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R9 - K. KARTHIYAYINI, THIRUVANGADAN HOUSE, PUTHENTHERU, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R10 - N.NARAYANI, MADAI HOUSE, PULLOOPPI, P.O.KANNADIPARAMBA, KANNUR DIST. WP(C).No. 3074 of 2009(N) -2- ADDL.R11 - K.SAROJINI, EDAKKADAN HOUSE, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R12 - A VIMALA, EDAKKADAN HOUSE, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R13 - K. JANAKI, KANI HOUSE, PUTHENTHERU, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R14 - K.K.INDHIRA, NELLIYATHANKANDI HOUSE, VAYAPPURAM, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R15 - K. YESHODHA, KOONAN HOUSE, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R16 - K. SHYAMALA, PATRAKKATT HOUSE, MATHODAM, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R17 - C. GOWRI, PIRAYIL HOUSE, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R18 - P. DEVI, PALITH HOUSE, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R19 - M. LAKSHMI, MODAPATHI HOUSE, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R20 - C. KAMALAKSHI, VATTOLL HOUSE, PALLERI, NARATH KANNUR DISTRICT. ADDL.R21 - P.P.AJMAL, PULLKAIPARAMBIL, PULLOOPPI, P.O.KANNADIPARAMBA, KANNUR DIST. ADDL. R22 - N.K.SUHARA WIFE OF (LATE M. ABOOBACKER), NADULVELEKANDY HOUSE, PULLOOPPI, P.O.KANNADIPARAMBA, KANNUR DIST. R4 TO R22 ARE IMPLEADED AS ADDITIONAL RESPONDENTS IN W.P(C) NO. 3074 OF 2009 AS PER ORDER DATED 10.09.2009 IN I.A.11031 OF 2009. BY SR. GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR. ADV. MR.P.M.PAREETH FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 3074 of 2009 ................................................. Dated this the 30th day of October, 2009 J U D G M E N T The petitioner is an Industrial Weaving Society registered under the Kerala Co-operative Societies Act. Respondents 4 to 22 are retired employees of the society. Respondents 4 to 22 and other retired employees who were not given the gratuity due to them approached the authorities under the Payment of Gratuity Act, in which orders have been passed directing the society to pay to the retired employees gratuity as directed therein. The petitioner society is unable to find funds for paying the same. Therefore they approached the 2nd respondent for permission to sell one item of property belonging to the society so as to raise the funds for paying of the gratuity due to the retired employees. But for same reason or other that permission is not being granted to the petitioner society. It is under the above circumstances, the petitioner society has approached his court seeking the following reliefs: “(i) issue a Writ of mandamus or such other writ directing 2nd respondent to take final decision on Ext.P5 within such time this Court deem fit to grant. (ii) issue a writ of mandamus or such other writ directing the 1st and 3rd respondents to keep all further W.P(C) No. 3074 of 2009 -2- proceedings to recover dues of the workers under the Revenue Recovery Act from the petitioner till final decision is taken on Ext.P5 by the 2nd respondent.” 2. I have heard the learned counsel for the petitioner and the learned Government Pleader and the learned counsel appearing for additional respondents 4 to 22. 3. I am surprised to find that a Government committed to the cause of the working class is standing in the way of a society disbursing gratuity due to retired workers of the society, that too, when the authority under the Government themselves have passed orders directing the society to pay the same. Admittedly, the petitioner is unable to find funds for payment of gratuity due to the retired employees. They can find the funds only by selling one item of property belonging to the society. In the said circumstances, I do not find any justification for the 2nd respondent to delay giving permission to the petitioner society to sell the property for which permission is sought for. 4. Accordingly, the writ petition is disposed of as follows: The 2nd respondent shall forthwith grant permission to the petitioner society to sell property as requested for by the petitioner society. The society shall take steps to sell the W.P(C) No. 3074 of 2009 -3- property and pay off the amounts due as gratuity to retired employees of the society, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. I make it abundantly clear that amounts realised by that sale shall be first used for paying gratuity due to the retired employees of the society and only after paying off the gratuity the balance shall the funds so raised be used for any other purpose. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs