IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21589 OF 2022
PETITIONER/S:
1 P.M.JOY
AGED 63 YEARS
S/O P.V.MATHEW
PALOOTHANAM HOUSE,
BINDHU NAGAR, NATTAKOM P.O,
KOTTAYAM
PIN - 686013
2 SURESH KUMAR. N
AGED 63 YEARS
S/O T.P.NARAYANAPILLAI,
MANKAVIL HOUSE,
MARIYAPPALLY P.O, NATTAKOM,
KOTTAYAM
PIN - 686013
3 JOHN K.K
AGED 63 YEARS
S/O MANI KURIAKOSE,
KODUVAYALLIL HOUSE,
IRAVUCHIRA P.O, THOTTACKADU,
KOTTAYAM
PIN - 686539
4 JOHN P CHERIYAN
AGED 63 YEARS
S/O CHERIYAN P.J
PANNACKAL HOUSE, MANGANAM P.O,
KOTTAYAM,
PIN - 686018
5 SAJIMON E.N
AGED 63 YEARS
S/O K.K.NARAYANAN,
EZHUPATHILCHIRA HOUSE,
NATTAKOM P.O, KOTTAYAM
PIN - 686013
6 N.RAJAN
AGED 63 YEARS
S/O NANU ACHARI,
VADAKKEDATHU HOUSE, DEVALOKAM P.O,
KOTTAYAM
PIN - 686004
WP(C) NO. 21589 OF 2022
2
7 V.M.JOHNSON
AGED 63 YEARS
S/O K.MATHAI,
CHELACKAPPALLI HOUSE,
ETTUMANOOR P.O,
KOTTAYAM , PIN - 686631
8 RAVI S.K
AGED 63 YEARS
S/O KUNJAN,
SATHRATHINKAL HOUSE, PAMPADI P.O,
KOTTAYAM,
PIN - 686502
9 SANAL KUMAR P
AGED 63 YEARS
S/O HARIHARAN NAIR,
PALLIPPURAM HOUSE, FATHIMAPURAM P.O,
CHANGANASSERY, KOTTAYAM
PIN - 686102
10 SUBHASH K.E
AGED 63 YEARS
S/O ENAS
KANDAPLACKAL HOSUE,
PULLICKAL KAVALA P.O,
KOTTAYAM
PIN - 686515
BY ADVS.
S.MANU
R.MEENAKSHI (M-1290)
BEA MARY BENNY
RESPONDENT/S:
1 DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM KUMILY ROAD,
KOTTAYAM, PIN - 686002
WP(C) NO. 21589 OF 2022
3
2 TAHASILDAR
KOTTAYAM TALUK, 1ST FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM., PIN - 686001
3 DEPUTY LABOUR COMMISSIONER
CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT,
COLLECTORATE BUILDING, K.K.ROAD,
KOTTAYAM., PIN - 686002
4 MANAGING DIRECTOR
THE TRAVANCORE CEMENTS LTD,
NATTAKOM P.O, KOTTAYAM., PIN - 686013
5 THE TRAVANCORE CEMENTS LTD
NATTAKOM P.O, KOTTAYAM
REP. BY ITS COMPANY SECRETARY, PIN - 686013
BY ADV SMT.LATHA ANAND, SC, TRAVANCORE CEMENTS LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21589 OF 2022
4
JUDGMENT
Petitioner has approached this Court seeking directions to the respondents 1 and 2 to expedite the revenue recovery proceedings initiated against 4th respondent as required by Ext.P3 series and complete the same within a time frame.
2. Counsel for the petitioner submits that the orders passed by the Controlling authority under the payment of gratuity Act were not complied with, despite Ext.P1 necessitating the petitioner to approach the competent authority for execution of the orders in accordance with law. Recovery proceedings as per Ext.P3 collectively have been issued but no further headway has been made. It is in that background the petitioner has approached this Court with the aforementioned prayer.
3. Learned Government Pleader informs the Court that the demand notices were issued on 27.01.2022.
4. It seems that for a period of one year the revenue recovery authorities are only issuing the notices but no concrete and effective measures have been taken for recovery of the amount. It is a money decree which, if not interdicted, has to be honored and respected in the manner and mode as prescribed under Section 8 of the Payment of Gratuity Act, 1972.
WP(C) NO. 21589 OF 2022 5 I dispose of the writ petition by issuing directions to respondent Nos.1 and 2 to expedite the revenue recovery proceedings and bring it to a logical end within a period of forty-five (45) days from the date of receipt of a copy of the judgment, in accordance with law.
Sd/-
sab AMIT RAWAL JUDGE WP(C) NO. 21589 OF 2022 6 APPENDIX OF WP(C) 21589/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 18.8.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P1(a) A TRUE COPY OF THE ORDER DATED 18.08.2021 IN GC NO.4 OF 2020 PASSED BY 3RD RESPONDENT IN FAVOUR OF THE 2ND PETITIONER ExhibitP1(b) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO. 5 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 3RD PETITIONER Exhibit P1(c) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO. 6 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 4TH PETITIONER Exhibit P1(d) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO. 10 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 5TH PETITIONER Exhibit P1(e) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO. 16 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 6TH PETITIONER Exhibit P1(f) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO. 17 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 7TH PETITIONER Exhibit P1(g) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO. 19 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 8TH PETITIONER Exhibit P1(h) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO. 20 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 9TH PETITIONER Exhibit P(i) A TRUE COPY OF THE ORDER DATED 18.8.2021 IN GC NO.22 OF 2020 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF 10TH PETITIONER WP(C) NO. 21589 OF 2022 7 Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 19.11.2021 PASSED BY THIS HON'BLE COURT IN WP(C) NO.25891 OF 2021 Exhibit P3 A TRUE COPY OF THE REQUISITION NO.2022/693/05 DATED 5.2.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO. 2/2020 Exhibit P3(a) A TRUE COPY OF THE REQUISITION NO.
2022/694/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO. 4/2020 Exhibit P3(b) A TRUE COPY OF THE REQUISITION NO.2022/695/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO. 5/2020 Exhibit P3(c) A TRUE COPY OF THE REQUISITION NO.2022/711/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO.6/2020 Exhibit P3(d) A TRUE COPY OF THE REQUISITION NO.2022/712/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO.10/2020 Exhibit P3(e) A TRUE COPY OF THE REQUISITION NO.2022/713/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO.16/2020 Exhibit P3(f) A TRUE COPY OF THE REQUISITION NO.2022/714/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO.17/2020 Exhibit P3(g) A TRUE COPY OF THE REQUISITION NO.2022/715/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO.19/2020 WP(C) NO. 21589 OF 2022 8 Exhibit P3(h) A TRUE COPY OF THE REQUISITION NO.2022/716/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO.20/2020 Exhibit P3(i) A TRUE COPY OF THE REQUISITION NO.2022/717/05 DATED 27.01.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NO.22/2020 Exhibit P4 A TRUE COPY OF THE LETTER DATED 10.03.2022 SUBMITTED BY THE TRAVANCORE CEMENTS LTD RETIRED EMPLOYEES FORUM, KOTTAYAM, BEFORE THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 2.6.2022 IN WP(C) NO.17935 OF 2022