IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 27444 of 2010(E) -------------------------------------- PETITIONER(S): ----------------------- 1. M.K. VENUGOPAL, SWARASUDHA, CHERIYAPPALLAMTHURUTH, NORTH PARAVUR. 2. M. RAVIVARMA, CHETHIATTU MANA, NEAR TOWN HALL, NORTH PARAVUR. 3. C.S.M. KURUP, 2ND CONVENT ROAD, THOTTAKKATTUKARA, ALUVA. 4. LATA VARMA, SREEVISAKHAM, RAJSREE SCHOOL ROAD, EAST KADUNGALLOOR. 5. S. SARACHANDRAKUMAR, 128/111, SOURABHYA, THOTTAKKATTUKARA, ALUVA. 6. A.K. UNNIKRISHNAN, SRINIVAS, ANCHAKKULATH, KATTATHURUTH, VADAKKEKARA, NORTH PARAVUR. BY ADV. SRI.K.BALACHANDRAN (MANGALATH), SRI.RAJESH NAIR. RESPONDENT(S): ------------------------- 1. THE DISTRICT LABOUR OFFICER, ERNAKULAM (CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT), CIVIL STATION, KAKKANAD, ERNAKULAM DIST., PIN-682 035. 2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DIST., PIN-682 035. 3. THE TAHSILDAR, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN-683 513. 4. PERIYAR CHEMICALS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BINANIPURAM, ALUVA, ERNAKULAM DISTRICT, PIN-683 502. R1 TO R3 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 27444 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2010 J U D G M E N T The petitioners who are the applicants in G.C.Nos.193 to 198/2004 filed this writ petition raising grievance relating the inaction to implement Ext.P1. Despite the receipt of Exts.P2 to P7 applications for recovery of gratuity in terms of Ext.P1 no steps were taken to implement the direction under Ext.P1 by the controlling authority under the Payment of Gratuity Act, it is submitted. Evidently, on the application submitted by the petitioners Ext.P1 order was passed as early as on 26.5.2009. After Ext.P1 order, the petitioners approached the 4th respondent with request to comply with the directions in Ext.P1 order. However, the 4th respondent did not effect payment in terms of Ext.P1 order. The failure on the part of the 4th respondent to comply with Ext.P1 order made the petitioners to submit Exts. P2 to P7 applications for recovery of the gratuity as provided under Section 8 of the Payment of Gratuity Act read with Rule 19 in the prescribed form. It is alleging the inaction even after the WPC.27444/2010 : 2 : receipt of Exts.P2 to P7 that this writ petition has been filed. 2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader. The learned Government Pleader, on instructions, submitted that after the receipt of Exts.P2 to P7 applications show cause notice was issued to the 4th respondent. It was served on him on 4.9.2010. Further actions as contemplated under the provisions of the Payment of Gratuity Act will be taken on receipt of reply to the show cause notice from the 4th respondent, it is submitted. This is recorded. Accordingly, this writ petition is disposed of with a direction to the first respondent to take action for implementation of Ext.P1 order based on Exts.P2 to P7 in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge