IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 35953 of 2007(E) ------------------------------------ PETITIONER: ------------------- THE CANNANORE CO-OPERATIVE SPINNING MILLS LTD., P.B.NO.2005, P.O.CHOVVA, KANNUR-6, REPRESENTED BY ITS MANAGING DIRECTOR, T.SUKUMARAN NAIR. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ---------------------- 1. SRI.K.M.NARAYANAN, S/O.KUNHAN, "GOPIKA", KANNAPILAVU, P.O.NANICHERRY, KANNUR DISTRICT.~ 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER) KANNUR 670 594. BY GOVERNMENT PLEADER SRI. M.R.SABU ADV. SRI.P.CHANDRASEKHAR FOR R1 SRI.P.M.SATHEESH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35953 of 2007(E) -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 - TRUE PHOTOCOPY OF THE BALANCE SHEET AND PROFIT & LOSS ACCOUNT OF THE PETITIONER FOR THE PERIODS 1ST APRIL 2006 TO 31.3.2007. EXT.P2 - TRUE PHOTOCOPY OF THE APPLICATION FOR GRATUITY G.C.NO.137/2005 DATED 31.12.2004 FILED BY THE FIRST RESPONDENT. EXT.P3 - TRUE PHOTOCOPY OF THE WRITTEN STATEMENT DATED MAY 2005 FILED BY THE PETITIONER IN G.C. NO. 137/2005. EXT.P4 - TRUE PHOTOCOPY OF THE ORDER IN G.C. NO. 137/2005 DATED 25.04.2007 PASSED BY THE 2ND RESPONDENT. EXT.P5 - TRUE PHOTOCOPY OF THE REQUEST GIVEN BY SRI.P.JAYARAJAN DATED 22.9.2007 EXT.P6 - TRUE PHOTOCOPY OF THE RECEIPT DATED 27.9.2007 ISSUED BY SRI.P.JAYARAJAN. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.35953 of 2007 ================== Dated this the 17th day of July, 2008. J U D G M E N T The petitioner is an employer, in a gratuity application. He filed this writ petition challenging the order of the Controlling Authority under the payment of Gratuity Act directing payment of gratuity with interest. The petitioner's only contention is that, the company is unable to pay the amounts due only because of financial stringency. At the time of admission, I had passed an interim stay on condition that the petitioner pays the gratuity amount due to the workman involved without interest as per the orders of the controlling authority. It is reported that the same has been paid. The question that remains is only that of interest. Having heard both sides, I dispose of this writ petition with a direction to the petitioner to pay the interest portion also, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE rhs