IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 8417 of 2011(B) ----------------------------------- PETITIONER(S): ----------------------- 1. M.K.VENUGOPAL, SWARASUDHA, CHERIYAPALLAMTHURUTH, NORTH PARAVUR. 2. M.RAVIVARMA, CHETHIATTU MANA, NEAR TOWN HALL, NORTH PARAVUR. 3. C.S.M.KURUP, 2ND CONVENT ROAD, THOTTAKKATTUKARA, ALUVA. 4. LATA VARMA, SREEVISAKHAM, RAJSREE SCHOOL ROAD, EAST KADUNGALLOOR. 5. S.SARACHANDRAKUMAR, 128/111, SOURABHYA, THOTTAKKATTUKARA, ALUVA. 6. A.K.UNNIKRISHNAN, SRINIVAS, ANCHAKKULATH, KATTATHURUTH, VADAKKEKARA, NORTH PARAVUR. BY ADV. SRI.RAJESH NAIR RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DIST,682 030. 2. THE TAHSILDAR, NORTH PARAVUR TALUK, ERNAKULAM DISTRICT, PIN-683 513. VPV 3. THE VILLAGE OFFICER, KADUNGALLOOR VILLAGE, MUPPATHADAM P.O., VIA ALUVA, ERNAKULAM DISTRICT, 683 110. 4. THE DISTRICT LABOUR OFFICER, ERNAKULAM (CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT), CIVIL STATION, KAKKANAD, ERNAKULAM DIST, 682 030. 5. PERIYAR CHEMICALS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BINANIPURAM, ALUVA, ERNAKULAM DISTRICT, 683 502. BY ADV. SRI.A.JAYASANKAR FOR R5 SRI.MANU GOVIND FOR R5 GOVERNMENT PLEADER FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV W.P.C.NO.8417/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 26.05.2009 IN G.C.NOS:193-198/04. P2: COPY OF THE JUDGMENT DATED 27.09.2010 IN WP(C) NO.27444/2010. P3: COPY OF THE COVERING LETTER SENT BY THE PETITIONER'S. P4: COPY OF THE LAWYER NOTICE DATED 01.03.2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8417 of 2011 ----------------------------------------- Dated this the 9th day of November, 2011 JUDGMENT The petitioners are former employees of the 5th respondent company. After retirement they were not paid gratuity in terms of the provisions contained in the Payment of Gratuity Act, 1972. They thereupon filed separate applications under section 7 of the Payment of Gratuity Act, 1972 claiming gratuity. By Ext.P1 order passed on 26.5.2009 the Controlling Authority under the Payment of Gratuity Act directed the 5th respondent to pay to the petitioners herein the sum of Rs.73,343/-, Rs.1,26,371/-, Rs.2,20,465/-. Rs.94,763/-. Rs.1,26,150/- and Rs.73,343/- respectively. When the 5th respondent did not deposit the amount of gratuity, the petitioners filed W.P.(C)No.27444 of 2010 in this Court. By Ext.P2 judgment delivered on 27.9.2010 this Court directed the District Labour Officer, Ernakulam to take steps to implement Ext.P1 order expeditiously and at any rate within two months from the date of receipt of a copy of the judgment. Even thereafter the 5th respondent did not deposit the amount of W.P(C).No.8417 of 2011 -:2:- gratuity for payment. The petitioners thereupon filed Ext.P3 representation before the District Labour Officer requesting him to take effective steps to recover the amount of gratuity. The instant writ petition was thereupon filed on 16.3.2011 seeking the following reliefs:- “(1) Issue a writ of mandamus or such other appropriate writ, direction or order directing respondents 1 to 4 to effect immediate steps of recovery to satisfy Ext.P1 order of the controlling authority under the Payment of Gratuity Act together with compound interest thereon, as arrears of land revenue, and pay the same to the petitioners/applicants in the Gratuity Cases, within a time limit as fixed by this Hon'ble Court. (ii) Issue such other appropriate writ, direction or order as deemed fit by this Hon'ble Court in the interest of justice, considering the facts and circumstances of the case.” 2. Pursuant to the interim order passed by this Court on 7.6.2011 based on the agreement between the parties, the principal amount of gratuity payable to the 6th petitioner, namely the sum of Rs.73,343/- was paid. It is conceded at the Bar that the amount payable to the 6th petitioner by way of interest has W.P(C).No.8417 of 2011 -:3:- also been paid. Therefore, as matters now stand, the entire amount of gratuity along with interest has been paid to the 6th petitioner. 3. When the matter came up for hearing today, Sri.Manu Govind, learned standing counsel appearing for the 5th respondent, submitted that the 5th respondent may be permitted to pay the amount payable to petitioners 1 to 5 in terms of Ext.P1 order passed by the Contorlling Authority under the Payment of Gratuity Act and the interest thereon in seven equal monthly instalments commencing from the 5th December, 2011. The learned counsel appearing for the petitioners did not oppose the said request. In such circumstances I dispose of the writ petition with a direction to the 5th respondent to pay to petitioners 1 to 5 the principal amount payable to them in terms of Ext.P1 order in seven equal monthly instalments commencing from 5th December, 2011 and ending with June, 2012. Along with the last instalment the 5th respondent shall also pay to them the amount payable by way of interest calculated in terms of Ext.P1 order. If the 5th respondent commits default in effecting payment as directed W.P(C).No.8417 of 2011 -:4:- above, respondents 1 to 4 shall, upon being moved by the petitioners, take expeditious steps under the Kerala Revenue Recovery Act, 1968 to realise the amount payable by the 5th respondent and to pay it over to the petitioners within three months from the date on which the petitioners move the 4th respondent. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8417 of 2011 ---------------------------- JUDGMENT 9th November, 2011