IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 9402 of 2011(A) -------------------------------- PETITIONER(S): ------------------- 1. RAJAN, CR 1042, EX-WORKER, NELLIKAIESTATE, VANDIPERIYAR- KUNNEL PUTHEN PARAMBIL, VALLARDIE.P.O., VANDIPERIYAR. 2. OMANA, C.R 1600 W/O. RAJAN, EX-WORKER, NELLIKAI ESTATE, VANDIPERIYAR-KUNNEL PUTHEN PARAMBIL VALLARDIE.P.O., VANDIPERIYAR. 3. CHELLAKUMARY, CR 708, NELLIKAI ESTATE, VANDIPERIYAR. 4. MARIYAMMA, CR 789, WORKER, NELLIKAI ESTATE, VANDIPERIYAR. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 AND DISTRICT LABOUR, IDUKKI, THODUPUZHA-685584. 3. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI-685003. 4. M/S. R.B.T. LTD., KERALA, MARAR ROAD, WELLINGTON ISLAND, COCHIN 3 REPRESENTED BY ITS DIRECTOR, MANISH MOHAN SARMA. 5. NELLIKAI ESTATE, VANDIPERIYAR, REPRESENTED BY ITS MANAGER-685533. 6. TAHSILDAR, TALUK OFFICE, PEERMADE-685531. R1 TO R3 BY GOVT. PLEADER SMT.ANITHA RAVEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 9402/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 29/11/2008 IN GC NO.14/03 PASSED BY THE 2ND RESPONDENT IN RESPECT OF PETITIONER NO.1. P2: COPY OF THE ORDER DATED 29/11/2008 IN GC. NO.16/03 PASSED BY THE 2ND RESPONDENT IN RESPECT OF PETITIONER NO.2. P3: COPY OF THE ORDER DATED 30/06/2008 IN GC. NO.82/05 PASSED BY THE 2ND RESPONDENT IN RESPECT OF PETITIONER NO.3. P4: COPY OF THE ORDER DATED 31/07/2008 IN GC. NO.67/05 PASSED BY THE 2ND RESPONDENT IN RESPECT OF PETITIONER NO.4. P5: COPY OF THE JUDGMENT DATED 27/01/2009 IN WPC. NO.36161/2008 (E). RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE. svs P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 9402 of 2011 ------------------------------- Dated this the 21st day of October, 2011 J U D G M E N T The petitioners, four in number, have filed this writ petition mainly for an order directing the District Collector, Idukki to initiate proceeding under the Kerala Revenue Recovery Act, 1968 against respondents 4 and 5 for recovering the gratuity payable to them in terms of Exts.P1 to P4 orders. It is contended that as Exts.P1 to P4 orders have attained finality, respondents 4 and 5 are bound to pay the amount of gratuity directed to be paid therein expeditiously. The petitioners submit that they are aged and ailing and any delay in payment of gratuity will cause serious prejudice to them. 2. Though respondents 4 and 5 have been served, they have not chosen to enter appearance. The learned Government Pleader appearing for the official respondents submitted on instructions that the requisitions received from District Labour Officer have been forwarded by the District Collector to the sixth respondent Tahsildar with instructions to expedite the recovery proceedings and that the Tahsildar will take expeditious steps to recover the amounts due from respondents 4 and 5. I accordingly dispose of the writ petition with a direction to W.P.(C) No.9402 of 2011 2 the sixth respondent to expedite the proceedings initiated against respondents 4 and 5 under the Kerala Revenue Recovery Act, 1968 for realising the amounts payable by them in terms of Exts.P1 to P4 orders and to complete the revenue recovery proceedings expeditiously and in any event within a period of three months from the date on which the petitioner produces a certified copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 9402 of 2011 JUDGMENT Dated:- 21st October, 2011 --------------------------------------