IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WA.No. 737 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.31534/2007 Dated 04/01/2008 .................... APPELLANT: RESPONDENT IN THE W.P.(C): ------------------------------------- 1. KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD. REPRESENTED BY MANAGING DIRECTOR, P.B.NO.13, KOLLAM-1. 2. MANAGING DIRECTOR, KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN, SC, KSCDC LTD. SRI.S.HARIKRISHNAN RESPONDENT: PETITIONER IN THE W.P.(C): --------------------------------------- N.ASOKAN, S/O.G.R.NARAYANAN, SHARON KALLUPURAM, VADAKKEVILA P.O., KOLLAM. BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS FOR R THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- W.A.NO.737 OF 2008 ---------------------------------------------------- Dated this the 29th day of May, 2008. JUDGMENT Koshy, J: The respondent in this writ appeal retired from the service on 31.12.2000 from the establishment of the appellants. His gratuity was not paid. Payment of Gratuity Act is applicable to the establishment of the appellants. Since gratuity was not paid, he approached the authority under the Payment of Gratuity Act. The authority computed the amount of gratuity. There is no dispute regarding the amount or entitlement of the payment. Under Section 7(3) of the Gratuity Act the employer shall arrange to pay the amount of gratuity within 30 days from the date of it becomes payable. Sub section (3)(a) provides interest also. Sections 8 and 9 provide recovery of gratuity and penalty for non-payment of gratuity. Here 8 years have passed after the retirement, not 30 days as provided in the Statute. Ext.P2 order has become final. Merely because of financial constrains gratuity cannot be denied. In fact, if the gratuity is not paid, the employer is liable for penalty including imprisonment. We see no ground to interfere with the W..A.NO.737/2008 . 2 order of the learned Single Judge. The appeal is dismissed. J.B. KOSHY, JUDGE P.N. RAVINDRAN, JUDGE. cl