IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 18622 of 2010(C) -------------------------- PETITIONER(S): --------------- THE PALAKKAD CO-OPERATIVE POWERLOOMS LTD (THE PALAKKAD POWERLOOM WEAVER'S INDUSTRIAL (WORKSHOP)CO-OPERATIVE SOCIETY LTD.NO.PH-6) TATHAMANGALAM.P.O,PALAKKAD DISTRICT,REP;BY ITS SECRETARY,SREEJITH.R,S/O.RAJAN,MANIKKATH HOUSE, VATTEKKATUKULUMBU TATHAMANGALAM.P.O,PALAKKAD DIST. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. THE DISTRICT LABOUR OFFICER AND CONTROLLING AUTHORITY,UNDER PAYMENT OF GRATUITY ACT,1972,OFFICE OF THE DISTRICT LABOUR OFFICER, PALAKKAD. 2. THE SUB COLLECTOR,REVENUE RECOVERY, PALAKKAD. 3. THE TAHSILDAR(RR)CHITTUR, PALAKKAD. 4. THE VILLAGE OFFICER,THATHAMANGALAM VILLAGE,CHITTUR TALUK,PALAKKAD DISTRICT. 5. THE DISTRICT INDUSTRIES CENTRE, PALAKKAD,REPRESENTED BY ITS GENERAL MANAGER. 6. SMT.SWARNAM,W/O.RAVEENDRAN,TELUNGU STREET,METTUPALAYAM,TATHAMANGALAM,CHITTUR TALUK, PALAKKAD DISTRICT,PIN-678101. BY GOVT. PLEADER SRI.BIJOY CHANDRAN ADV. SRI.SANTHEEP ANKARATH FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------- W.P(C) No.18622 of 2010-C ---------------------------- Dated this the 16th day of September, 2010. J U D G M E N T Revenue recovery steps initiated for realizing amounts due on the basis of Ext.P1 order is under challenge in this writ petition. The petitioner is a Primary Co-operative Society conducting a power-loom industry, established with an object of promoting economic conditions of its members who are working in the power- looms. The 6th respondent is a former employee of the petitioner society, who had approached the Controlling Authority under the Payment of Gratuity Act, 1972 and obtained Ext.P1 order. The petitioner was directed to make payment of an amount of Rs.22,500/- with simple interest at the rate of 10% as gratuity to the 6th respondent, within 30 days of Ext.P1 order. The revenue recovery steps was initiated consequent to default committed by the petitioner Society in making payment within the time stipulated. Pursuant to the steps initiated, two power-looms belonging to the petitioner was attached and brought to sale. This writ petition was W.P(C) No.18622 of 2010-C 2 filed on the premise that the petitioner Society is in acute financial stringencies and representations submitted by them before the authorities concerned for granting time for effecting payment has not been considered. Learned counsel appearing for the petitioner submitted that inspite of various contentions raised, the petitioner is ready and willing to pay off the entire balance, provided reasonable time is granted to make payment of the amount in instalments. 2. Pursuant to an interim order issued by this Court on 16.6.2010, the petitioner had already remitted a sum of Rs.10,000/-. The total amount due is Rs.22,500/- along with interest as per Ext.P1. It is to be taken note of that the amount is due to the 6th respondent, who is a former employee of the petitioner, and that the amount pertains to legitimate claim of gratuity due to her. Having considered the rival submissions, I am of the opinion that any interference on the merits is not at all warranted. However considering totality of circumstances attendant in this case, I am of the opinion that the petitioner can be permitted to pay off the entire liability within a short period. W.P(C) No.18622 of 2010-C 3 3. In the result, the writ petition is disposed of directing the respondents 2 and 3 to restrain from proceeding with further coercive steps of recovery for a period of three months, provided the petitioner makes payment of the entire balance amount due in in 3 (three) equal monthly instalments falling due on or before 10.10.2010 and on or before the 10th day of two succeeding months. 4. It is made clear that on the event of default in payment of any one of the instalments, the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to condition that the petitioner is precluded from raising any subsequent challenge against the proceedings. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No.18622 of 2010-C 4