IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 28139 of 2010(N) -------------------------------------- PETITIONER(S): ---------------------- N.JASMIN BHAI, W/O.BOVAN, AGED 58 YEARS KOTTURTHEKKEVILAPUTHANVEEDU, THOZHUKKAL, PERUMBAZHUTHUR PO,NEYYATTINKARA. BY ADVS. SRI.C.A.CHACKO SRI. N.A.SHAFEEK SRI. M.S.UNNIKRISHNAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF EXECUTIVE OFFICER KERALA KHADI WORKERS WELFARE FUND BOARD THIRUVANANTHAPURAM. R1 BY GOVT PLEADER SRI. ANTONY MUKKATH R2 BY ADV. SRI.K.P.HARISH, K.K.W.W.F.B),SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.28139 OF 2010 --------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT The petitioner was an employee of the Kerala Khadi Workers Welfare Fund Board. She filed this writ petition complaining that leave surrender salary and gratuity due to her have not been paid to her. On 5.10.2010, I passed the following order: “The learned standing counsel for the Khadi Board submits that leave surrender arrears have already been paid to the petitioner and, for gratuity, the petitioner has to submit application in the prescribed form, which she has not yet submitted. It is also stated that by a letter dated 4.10.2010, the petitioner has been advised accordingly. The petitioner seeks time to file an application and move the Khadi Board” Today, the learned counsel for the petitioner submits that the petitioner has already received the amounts. But, counsel seeks direction for payment of interest also. The question of payment of interest has to be agitated by the petitioner before the authority under the Payment of Gratuity Act. Without prejudice to that right, this writ petition is closed. S. SIRI JAGAN, JUDGE acd