IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 29416 of 2008(B) -------------------------- PETITIONER(S): -------------------- 1. T.N.BHARATHY COMPOSITOR (RETIRED) ERNAKULAM DISTRICT CO-OPERATIVE PRINTING PRESS LTD NO.E. 119, MILLS LANE ROAD, ERNAKULAM, COCHIN 16 NOW RESIDING AT NIKATHIL HOUSE,MULAVUKADU P.O. PONNARIMANGALAM, ERNAKULAM DISTRICT. 2. P.C.KARMALI, BINDER (RETIRED) ERNAKULAM DISTRICT CO-OPERATIVE PRINTING PRESS LTD NO.E. 119, MILLS LANE ROAD, ERNAKULAM, COCHIN 16 NOW RESIDING AT PANDARAPARAMBIL HOUSE, MOTHER THERASA ROAD, PACHALAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.K.MURALEEDHARAN SRI.SUNU P.JOHN RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, CIVIL STATION KAKKANADU. 2. THE DEPUTY THAHASILDAR (RR) KANAYANNOOR TALUK, TALUK OFFICE, KANAYANNOOR COCHIN-16 3. THE DISTRICT LABOUR OFFICER & THE CONTROLLING AUTHORITY UNDER THE GRATUITY ACT, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANADU. 4. ERNAKULAM DISTRICT CO-OPERATIVE PRINTING PRESS LTD NO.E. 119 REPRESENTED BY ITS SECRETARY (IN CHARGE) MILLS LANE ROAD,ERNAKULAM COCHIN-16. ADV. SRI.FRANCIS JOSEPH KURISINKAL FOR R4 GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29416/08 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF the ORDER DT 22.8.2007 IN C.P.84/02 ISSUED BY HON'BLE LABOUR COURT, ERNAKULAM. EXT.P2: TRUE COPY OF THE LETTER DT 7.5.2008 ISSUED BY THE DISTRICT LABOUR OFFICER, ERNAKULAM. EXT.P3: TRUE COPY of the ORDER DT 20.03.2007 IN G.C.NO.67/02 ISSUED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT. EXT.P4: TRUE COPY OF THE APPLICATION FOR EXECUTION DT 21.6.2008 IN G.C.NO.67/2002. EXT.P5: TRUE COPY OF the ORDER DT 20.3.2007 IN G.C.NO.40/2002 ISSUED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT. EXT.P6: TRUE COPY OF THE APPLICATION FOR EXECUTION DT 21.6.2008 IN G.C.NO.40/2002. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 29416 OF 2008 (B) ==================== Dated this the 13th day of January, 2009 J U D G M E N T Petitioners were the employees of the 4th respondent society. Ext.P1 is an order passed by the Labour Court, Ernakulam on an application filed by the first petitioner under Section 33(C)(2) of the I.D. Act. By this order, the first petitioner was allowed to recover an amount of Rs.1,33,083/- with interest thereon. The complaint is that though, in execution of Ext.P1, revenue recovery notice has been issued, there has not been any progress in this matter. Similarly Ext.P3 is an order passed by the Controlling Authority under the Payment of Gratuity Act on an application filed by the first petitioner. By this order, the first petitioner was held entitled to get Rs.56,487/-. In so far as the second petitioner is concerned, she too has obtained Ext.P5 order from the Controlling Authority under the Payment of Gratuity Act upholding her claim for Rs.13,957/- along with interest at the rate of 10%. Here again complaint of the petitioners is that in pursuance to Exts. P3 and P5, though they have filed Exts. P4 and P6 applications for execution of the said orders, there has not been any progress made by the Controlling Authority under the Payment of Gratuity Act. 2. Though counter affidavit has been filed by the learned WPC 29416/08 :2 : Government Pleader, there is no satisfactory explanation forthcoming about the delay in realising the amounts that are due. Admittedly, Exts. P1, P3 and P5 orders referred to above have become final and amounts due thereunder have not been paid. 3. Counsel appearing for the 4th respondent society only pleads of financial difficulties and seeks three months time to settle the liability. 4. In view of the fact that the orders, the implementation of which are sought have been passed in 2007, I do not think that the time as sought for can be granted. Therefore, the following orders are passed. (1) If the 4th respondent wants to settle the liabilities and avoid the revenue recovery action, the 4th respondent shall pay the amounts due to the petitioners under Exts.P1, P3 and P5 within 8 weeks from today. (2) It is directed that in case there is failure on the part of the 4th respondent to settle the dues, it will be open to the petitioners to move the 2nd respondent for getting the amount recovered in pursuance to Ext.P2 and the 3rd respondent shall pass orders on Exts. P4 and P6 execution applications filed for getting Exts.P3 and P5 orders executed. (3) It is directed that in case the petitioners move the respondents 2 and 3 as held above, the aforesaid respondents shall ensure WPC 29416/08 :3 : that the recovery proceedings are continued and amount realised without any further delay in this matter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp