IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 32972 of 2010(V) -------------------------------- PETITIONER: --------------- M.SASEENDRAN NAIR, SPINNING INSTRUCTOR (RETD), KERALA KHADI & VILLAGE INDUSTRIES BOARD, RESIDING AT EDAVILAKATHU VEEDU, NEDUMANGOOR, PUNALAL, VELLANAD, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (K) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY-695 141 ADV. MR. K.P. HARISH – SC MR. ANTONY MUKKATH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.32972 OF 2010 ------------------------------- Dated this the 29th day of October, 2010 J U D G M E N T The petitioner retired from the service of the second respondent. The petitioner's grievance in this writ petition is that the gratuity due to the petitioner has not been paid. The learned Standing Counsel for the second respondent points out that under the Payment of Gratuity Act and Rules, the petitioner is bound to file an application in the prescribed form within the time stipulated under the Act and Rules, which the petitioner has not done. It is further submitted by the learned Standing Counsel for the second respondent that if the petitioner files an application in the prescribed form along with an application to condone the delay in filing the same, the same would be considered in accordance with law by the second respondent. This submission is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE acd