IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 8286 of 2011(I) ------------------------- PETITIONER : ------------ PALGHAT SARVODAYA SANGH, HEAD OFFICE, OTTAPALAM - 01, REPRESENTED BY ITS SECRETARY, K. GOPINATHAN. BY ADVS. SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENT(S): --------------- 1. KHADI & VILLAGE INDUSTRIES COMMISSION, REPRESENTED BY ITS CHAIRMAN, NEW DELHI - 01. 2. THE DEPUTY CHIEF EXECUTIVE OFFICER, KHADI & VILLAGE INDUSTRIES COMMISSION, ZONAL OFFICE (SOUTH ZONE), AS THE CHAIRMAN OF STEERING COMMITTEE/PROPERTY DISOSAL COMMITTEE MTDC CAMPUS, NEAR FCI GODOWN, DOORWANI NAGART, BANGALORE - 560 016. 3. THE STATE DIRECTOR, KHADI & VILLAGE INDUSTRIES COMMISSION, STATE OFFICE, GRAMODAYA, M.G. ROAD, THIRUVANANTHAPURAM - 695 001. 4. THE ADMINISTRATOR, KERALA SARVODAYA SANGH, GANDHI ASRAMAM, CIVIL STATION.P.0-673 020, KOZHIKODE. 5. DEPUTY LABOUR OFFICER, AS THE CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972, PALAKKAD - 678 001. 6. DEPUTY TEHSILDAR (REVENUE RECOVERY), TALUK OFFICE, OTTAPALAM - 679 101. ...2/- WP(C).No. 8286 of 2011(I) -2- 7. E. PARVATHY, ELAYATE HOUSE, P.O PALAPPURAM -679 103, PALAKKAD DISTRICT. 8. A. PONNAN, CHANTHAMPULLY, P.O. VENGODY - 678 622, ELAPPULLY, PALAKKAD DISTRICT. 9. P.V. SUBHADRA, BINDHU NIVAS, VETTEKARA, KATAMPAZHIPURAM.P.O - 678 633, PALAKKAD DISTRICT. 10. N.V. ANNAMMA, CHERUVATHUR HOUSE, P.O. LAKKIDI - 670 301, PALAKKAD DISTRICT. 11. C.K. RAJALAKSHMI, USHA NIVAS, TEMPLE ROAD, CHUDUVALATHUR, SHORANUR.P.O - 679 121, PALAKKAD DISTRICT. 12. V. BHASKARAN, VARUKKALIL HOUSE, P.O. THARUVAKKONAM - 678 501, PALAKKAD DISTRICT. 13. P.K. PARVATHY, SREEKRIPA, P.O. KATAMPAZHIPURAM-678 633, PALAKKAD DISTRICT. 14. V. VELAYUDHAN, OKARAPPALLAM, THENARI, P.O. ELAPPULLY - 678 622, PALAKKAD DISTRICT. 15. R. ARUMUGHAN, OKARAPPALLAM, THENARI, P.O. ELAPPULLY - 678 622, PALAKKAD DISTRICT. 16. A.P. RAMAKRISHNAN, AMBALATH PULIMURATHIL, P.O. KATAMPAZHIPURAM - 678 633, PALAKKAD DISTRICT. 17. V.B. KUNJUKUTTY, VETTIYATTIL HOUSE, S.N. NAGAR, NADATHARA, THRISSUR DISTRICT. 18. T. SUKUMARAN, THEKKEPURAKKAL HOUSE, P.O. KATAMPAZHIPURAM - 678 633, PALAKKAD DISTRICT. ...3/- WP(C).No. 8286 of 2011(I) -3- 19. K. BABY, W/O.KANNANKUTTY, VISAKHAM, VELIPARAMB, P.O. MUNDUR - 678 592, PALAKKAD DISTRICT. *ADDL. R20 TO R34 IMPLEADED *20. V. PADMAVATHY, W/O. BALAN NAIR, PADMA NIVAS, PUNCHAPADOM, PALGHAT, PIN 678 634. *21. P. GOPALAKRISHANAN, S.O. APPU GUPTHAN, PRASANTHI NILAYAM, KATAMPUZHIPURAM, PIN 678 633. *22. T CHANDRIKA, W/O. RAMAN NAIR, THALAPPILY VEEDU, MOORKKANIKKARA P.O., PIN 680 752. *23. T. GOURI, THUVAKKADU HOUSE, THYALAYANAKKAD, KADAMBUR P.O., PIN 679 515. *24. A. SOUDAMANI, ATTEERI HOUSE, LAKKIDI P.O., PIN 670 301. *25. K. SARADHA, LATHA NIVAS, PARLI P.O., PALAKKAD. *26. P.A. HAMSA, PADINGAREKKARA HOUSE, PARLI P.O., PALAKKAD. *27. K. VIAJAYAN, SUMANA, NARATH P.O. (VIA), KOLASSERY, CANNANNORE, PIN 670 603. *28. P. LAKSHMIKUTTY, POONOTH HOUSE, THEJUS NAGAR, NEAR GOVT. HOSPITAL, THIRUVILLAMALA P.O. *29. V.R. GOVINDAN NAMBIAR, SOUTH NAMBIAR MADOM, MOOZHIKKULAM, KURUMASSERY P.O., ALUVA (VIA). ...4/- WP(C).No. 8286 of 2011(I) -4- *30. C. VELAYUDHAN, MANGALAM HOUSE, VENGOODY P.O., PIN 678 622, PALAKKAD. *31. P. GOPINAHTAN, GURUKRIPALAYAM, PARUTHIPARA P.O., SHORNUR, PALAKKAD. *32. K. NIRMALA, PADINJARE VEEDU, MUDALLALLUR P.O., PIN 678 705, PALAKKAD. *33. K. AMBUJAM, AMBADI, MUTHUTHALA P.O., (VIA) PATTAMBI, PIN 679 314, PALAKKAD. *34. P. UNNIKRISHANAN, PATHAKKARA HOUSE, PUNCHAPPADAM P.O., PALAKKAD. * ARE IMPLEADED AS ADDL. RESPONDENTS 20 TO 34 AS PER ORDER DATED 8/7/2011 IN IA NO. 8832/11 R1 TO R3 BY ADV. SRI.LEGY ABRAHAM R5 & R6 BY SR. GOVT. PLEADER SRI. JAMES MATHEW KADAVAN R20 TO R34 BY ADVS.SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...5/- WP(C).No. 8286 of 2011(I) -5- APPENDIX PETITIONER'S EXHIBITS : EXT. P1. COPY OF THE MINUTES OF THE MEETING HELD ON 6-7-2004 OF THE STEERING COMMITTEE OF THE PALGHAT SARVODAYA SANGH. EXT. P2. COPY OF THE MINUTES OF THE MEETING HELD ON 2-6-2006 OF THE STEERING COMMITTEE OF THE PALGHAT SARVODAYA SANGH. EXT. P3. COPY OF LETTER NO. DKPM/SZ/SOL/DISP.OF PROPERTY/PSS/2006- 2007 DATED 26.03.2007 FROM THE DIRECTOR, KVIC (KPM), MUMBAI TO THE CHAIRPERSON, KVIC. EXT. P4. COPY OF NOTE OF THE STATE DIRECTOR, KHADI & VILLAGE INDUSTRIES COMMISSION CONCERNING MERGER PROPOSAL AND DATED 12-6-2009. EXT. P5. COPY OF ORDER DATED 14-4-2009 IN C.C. NO. 11/2008 ISSUED TO THE PETITIONER SHOWING THE 13TH RESPONDENT AS THE PETITIONER. EXT. P6. COPY OF NOTICE DATED 23.11.2009 ISSUED BY DISTRICT LABOUR OFFICER TO THE PETITIONER. EXT. P7. COPY OF REPRESENTATION DATED 11.6.2010 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT LABOUR OFFICER. EXT. P8. COPY OF THE LETTER DATED 7.5.2010 ISSUED BY DIRECTOR (KPM), DIRECTORATE OF KHADI PROGRAMME AND MONITORING KHADI & VILLAGE INDUSTRIES COMMISSION, MUMBAI. EXT. P9. COPY OF REPRESENTATION DATED 6.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINSTER FOR INDUSTRIES. EXT. P10. COPY OF MINUTES OF MEETING OF PROPERTY DISPOSAL COMMITTEE DATED 13.8.2010. EXT. P11. COPY OF LETTER DATED 8.9.2010 FROM THE PETITIONER TO THE DISTRICT LABOUR OFFICER, PALAKKAD. EXT. P12. COPY OF MINUTES OF THE STEERING COMMITTEE OF THE PALAKKAD SARVODAYA SANGH DT. 27.1.2011. ...6/- WP(C).No. 8286 of 2011(I) -6- EXT. P13. COPY OF THE REVIVAL PROPOSAL SUBMITTED BY THE PETITIONER DATED 28-2-2011. EXT. P14. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5931/9/400). EXT. P15. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. 2011/5934/9/400/R5). EXT. P16. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5935/9/400). EXT. P17. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5937/9/400). EXT. P18. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5939/9/400). EXT. P19. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5940/9/400). EXT. P20. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5942/9/400). EXT. P21. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5944/9/400). EXT. P22. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5945/9/400). EXT. P23. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5946/9/400). EXT. P24. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/5948/9/400). EXT. P25. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/6392/9/400). ...7/- WP(C).No. 8286 of 2011(I) -7- EXT. P26. COPY OF NOTICE DATED 1.3.2011 ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT (TALUK FILE NO. R5–2011/6771/9/400). EXT. P27. COPY OF LETTER DATED 7.3.2011 SUBMITTED BY THE PETITIONER BEFORE THE COMMISSION AUTNHORITIES. EXT. P28. COPY OF LETTER DATED 13.06.2011 ISSUED BY KHADI AND VILLAGE INDUSTRIES COMMISSION. RESPONDENT'S EXHIBITS : EXT.R20(a) TO (O) COPIES OF THE RETIREMENT BENEFIT DETAILS ISSUED BY THE PETITIONER TO THE ADDITIONAL RESPONDENTS 20 TO 34. EXT.R20(P) COPY OF THE LETTER BEARING NO. PSS/55/2009-10-571 DATED 21—1-2010 ISSUED TO THE 31ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 8286 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2011 J U D G M E N T The petitioner herein is a Society functioning under the control of the 1st respondent, Khadi & Village Industries Commission. They are in financial trouble. Orders have been passed by the authority under the Payment of Gratuity Act, 1972, directing payment of gratuity due to the retired employees of the petitioner. Revenue recovery proceedings have been initiated for recovery of the same as per Exts.P14 to P26. The petitioner has filed this writ petition seeking the following reliefs: “(i) issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 4 to expedite the revival proposal submitted as Exhibit P13 within such short time as this Hon'ble Court deems fit to grant; (ii) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit-P14 to P26 and quash Exhibit -P14 to P26” 2. I have heard the parties. 3. I am of opinion that, whatever be the financial W.P.(C)No. 8286 of 2011 -2- difficulties of the petitioner, the retired employees are in need of the gratuity amounts due to them since that is their only means of survival. Therefore, this writ petition is disposed of directing the petitioner to pay off the entire amounts due as per Exts.P14 to P26, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. This direction shall be applicable to orders passed by the Payment of Gratuity Act, in respect of which revenue recovery proceedings have not yet been initiated also. I make it clear that, for payment of the same, the petitioner need not await sanction from the 1st respondent. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/