IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 31534 of 2007(D) -------------------------- PETITIONER: ------------ N.ASOKAN, S/O. G.R.NARAYANAN SHARON KALLUPURAM, VADAKKEVILA P.O., KOLLAM. BY ADV. SRI.P.A.NOOR MUHAMMED SRI.C.K.PRASAD RESPONDENTS: ------------- 1. THE KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, KOLLAM. 2. THE MANAGING DIRECTOR, THE KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD, KOLLAM. R1 & R2 BY ADV. SRI.C.UNNIKRISHNAN, SC, KSCDC LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.31534/2007/D APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE JUDGMENT DATED 30.04.2002 IN W.A. NO.1079/2002 OF THIS HON'BLE COURT. EXT. P2: COPY OF THE ORDER DATED 20.01.2004. EXT. P3: COPY OF THE STATUTORY NOTICE ISSUED BY THE CONTROLLING AUTHORITY (DISTRICT LABOUR OFFICER, KOLLAM) EXT. P4: COPY OF THE RELEVANT INFORMATION DATED 9.10.2007 OBTAINED FROM THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.31534 of 2007(D) ======================= Dated this the 4th day of January, 2008 JUDGMENT The petitioner is a retired employee of the 1st respondent- Corporation. He is seeking payment of gratuity due to him as per Ext.P2 order of the Controlling Authority under the Payment of Gratuity Act. Respondents do not dispute their liability to pay gratuity to the petitioner. Their only contention is that the respondents does not have sufficient funds to pay gratuity due to retired employees of the corporation and that they are waiting for funds from the government for paying off the gratuity. Whatever be the situation, I do not think that retired employees should be asked to wait indefinitely for payment of gratuity admittedly due to them. Therefore, I dispose of this writ petition W.P.(C) No.31534/2007/D -2- with a direction to the 2nd respondent to pay to the petitioner gratuity due to him as ordered in Ext.P2, within a period of four months from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE jp