IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 35367 of 2007(I) -------------------------- PETITIONER: ------------ CHINNAMMA, KATTUPARAMBIL VEEDU, PATHIYOOR EAST, KEERIKAD P.O., PIN-690 508, ALAPPUZHA. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN SRI.K.R.KRISHNA KUMAR SRI.NELSON JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, LABOUR DEPARTMENT, KERALA STATE SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY, INDUSTRIAL DEPARTMENT, KERALA STATE SECRETARIAT, THIRUVANANTHAPURAM. 4. MANAGING DIRECTOR, CAPEX, KOLLAM. 5. THE DISTRICT LABOUR OFFICER, ALAPPUZHA. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35367/2007/I APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN O.P. NO.11389/2000. EXT. P2: COPY OF ORDER DATED 27-10-2004 PASSED BY THE 5TH RESPONDENT. EXT. P2(A): COPY OF THE ANNEXURE SHOWING THE AMOUNTS DETERMINED BY THE 5TH RESPONDENT. EXT. P3: COPY OF THE DIRECTION FOR PAYMENT OF GRATUITY IN FORM R ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. EXT. P4: COPY OF THE PETITION FILED BY THE FORMER CONVENOR OF THE 114 WORKERS BEFORE THE CHIEF MINISTER. EXT. P5: COPY OF THE PETITION FILED BY THE FORMER CONVENOR OF THE 114 WORKERS BEFORE THE LABOUR MINISTER. EXT. P6: COPY OF THE REPORT APPEARING IN MALAYALA MANORAMA DATED 22-1-2007. EXT. P6(A): COPY OF THE PHOTOGRAPH OF SOME PERSONS APPEARING IN MALAYALA MANORAMA DATED 29-8-2007. EXT. P7: COPY OF THE REPORT APPEARED IN MATHRUBHUMI DAILYL DATED 16- 10-2007. EXT. P8: COPY OF THE LETTER DATED 3-2-2007 IOSSUED BY THE 3RD RESPONDENT. EXT. P9: COPY OF THE ORDER DATED 15-9-2007 ISSUED BY THE 2ND RESPONDENT. EXT. P10: COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT. P11: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.35367 of 2007(I) ======================= Dated this the 21st day of January, 2008 JUDGMENT In this writ petition, the petitioner seeks payment of gratuity amounts due to workers who had ceased to be in service 17 years ago. The petitioner submits that gratuity amounts have been paid to workers who have subsequently retired from service as admitted by 4th respondent in the counter affidavit filed. Whatever that be, the gratuity amounts are admittedly due since the same have been computed by the authority under the Payment of Gratuity Act. The only contention raised before me is that the 4th respondent does not have funds to pay the same. I had specifically directed the respondents 1 to 4 to inform this within what time the gratuity amounts due to the persons mentioned in Ext.P2 can be paid keeping in mind the fact that the persons mentioned in Ext.P2 ceased to be in service 17 years ago. However, no concrete proposal has come from any of the respondents in this regard. Therefore, I direct the 4th W.P.(C) No.35367/2007/I -2- respondent to pay the amounts covered by Ext.P2 to the petitioners in Ext.P2, as expeditiously as possible, at any rate, within two months, from the date of receipt of a copy of this judgment. If no amounts are paid within the above period, the District Collector, Kollam shall recover the amounts due as per Ext.P2 from the 4th respondent by initiating and completing revenue recovery proceedings and pay the same to the petitioners in Ext.P2 within a further period of two months therefrom. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE jp