IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WA.No. 364 of 2007(B) ------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.23777/2005 DATED 04/12/2006 .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. GOPINATH, S/O. KUTTAN NAIR, GENERAL SECRETARY, EMPLOYEES ASSOCIATION, CHITTUR CO-OPERATIVE SUGARS, MENONPARA, PALAKKAD. 2. M.ABDUL KAREEM, JOINT SECRETARY, EMPLOYEES ASSOCIATION, CHITTUR CO-OPERATIVE SUGARS, MENONPARA, PALAKKAD DISTRICT. BY ADV. SRI.S.SHARAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, INDUSTRIES (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CO-OPERATIVE SUGARS LIMITED, REP. BY MANAGING DIRECTOR, MENONPARA, PALAKKAD-678 556. 3. A. VELUSWAMY, S/O. ARU, RESIDING AT VADUGANKOLAMBU, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 4. V.K. RAVEENDRANATH, S/O.P.M.K.MENON, RESIDING ATVADUGANKOLAMBU, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. W.A. NO. 364/2007-B: 5. U. GANGADHARAN, S/O. UNNI, RESIDING AT KALARIPARAMBU, PUDUSSERY, PALAKKAD DISTRICT. SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS FOR R1, ADV. SRI.B.S.KRISHNAN (SR.) FOR R2, ADV. SRI.K.ANAND, FOR R2, ADV. SMT.LATHA KRISHNAN FOR R2, ADV. SRI.V.CHITAMBARESH FOR R3 TO R5, ADV. SRI.T.C.SURESH MENON FOR R3 TO R5, ADV. SRI.JIBU P THOMAS FOR R3 TO R5, ADV. SRI.SUNIL J.CHAKKALACKAL FOR R3 TO R5. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- W.A.No.364 OF 2007 ------------------------------------- Dated 21st August, 2008 JUDGMENT Koshy,J . An amount of Rs.7.37 crores was sanctioned by the Government for paying gratuity to the employees who retired as per the Voluntary Retirement Scheme. In fact, they opted for Voluntary Retirement Scheme hoping that the amount will be paid immediately. However, part of the above sanctioned amount was diverted for paying gratuity to regularly retired employees. Learned single Judge directed to refund that amount to the fund for paying gratuity to the VRS employees so that gratuity can be paid to them, but, only part of gratuity was paid to the employees who opted VRS. We make it clear that the entire Rs.7.37 crores allowed by the Government should be utilised for paying gratuity to the employees who opted for VRS and that should be disbursed forthwith. The appeal is allowed to the above extent. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks