IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 298 of 2010(J) ----------------------------------- PETITIONER(S): ---------------------- KERALA STATE CASHEW WORKERS' APEX INDUSTRIAL CO-OPERATIVE SOCIETY LTD.(CAPEX), P.B.NO.262, KADAPPAKKADA, CORPORATION BUILDING, KOLLAM-691 008, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. MR.PIRAPPANCODE V.SREEDHARAN NAIR MR.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ---------------------------- 1. CHINNAMMA, VADASSERIPARAMBIL, (KOTTUPARAMBIL), PATHIYOOR EAST, KEERIKKAD. 2. LOK AYUKTA, REPRESENTED BY ITS REGISTRAR, LEGISLATURE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. R1 BY ADVS.MR.K.S.MADHUSOODANAN, MR.T.V.JAYAKUMAR NAMBOODIRI, MR.THUSHAR NIRMAL SARATHY, MR.M.M.VINOD KUMAR, SMT.K.M.RAMYA. R2 BY GOVT. PLEADER MR.P.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.298/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 3.2.09 OF THIS HONOURABLE COURT IN RP. 1166/2008. P2:- COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DTD. 27.10.2004. P3:- COPY OF THE ORDER OF THE LOK AYUKTA DTD. 13.11.2008 DIRECTING THE PETITIONER TO DISBURSE THE GRATUITY DUE TO THE IST RESPONDENT, WITHIN ONE MONTH FROM THE DATE OF RECEIPT OF THE COPY OF THE ORDER. P4:- COPY OF THE NOTICE DTD. 14.12.2009 ISSUED BY THE DEPUTY REGISTRAR, ATTACHED TO THE KERALA LOK AYUKTA TO THE MANAGING DIRECTOR, CAPEX FOR PERSONAL APPEARANCE ON 18.12.2009. P5:- COPY OF THE NOTICE DTD. 23.12.09 ISSUED BY THE DEPUTY REGISTRAR OF THE KERALA LOK AYUKTA IN COMPLAINT NO.2470/07. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 298 of 2010-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2010. JUDGMENT The petitioner is aggrieved by Exts.P4 and P5 notices issued by the Lok Ayuktha directing the Managing Director of the petitioner to appear before the Lok Ayuktha and report compliance of Ext.P3 order. It is the case of the petitioner that the matter is governed by Ext.P1 order of this court in R.P.No.1166/2008 pursuant to which the District Labour Officer and Controlling Authority under the Act, has passed Ext.P2 order and going by the same, the first respondent is not eligible to get any benefit. It is submitted by the learned counsel for the first respondent that the first respondent has already filed an appeal against Ext.P2 order. The Lok Ayuktha's orders are passed on the basis of the order dated 27.10.2004 of the Labour Officer, which stands set aside by Ext.P1 order. Therefore, the writ petition is allowed. Exts.P3 to P5 are quashed. No costs. (T.R. Ramachandran Nair, Judge.) wpc /2010 2 kav/