Citation : 2026 Latest Caselaw 1307 Ker
Judgement Date : 6 February, 2026
2026:KER:10589
WP(C) NO. 123 OF 2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 123 OF 2026
PETITIONER/S:
1 SREELETHA A. MENON, AGED 60 YEARS,
D/O. M. APPU MENON,L.D. CLERK (RETIRED),
THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY
LTD. NO.H231, MANAPPATTIPARAMBU, KALOOR P.O., KOCHI-17.
RESIDING AT'SREELAKAM',
MOOKAMBI STREET, NORTH PARAVUR P.O.,
ERNAKULAM DT., PIN - 683513
2 R. MOHAN KUMAR, AGED 61 YEARS,
S/O. RAGHAVAN NAIR
SALES ASSISTANT GRADE-II (RETIRED),
THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY
LTD. NO.H231, MANAPPATTIPARAMBU, KALOOR P.O., KOCHI-17.
RESIDING AT SAYOOJYAM, UTHIMOODE, VATTAPPARA P.O.,
THIRUVANANTHAPURAM DIST., PIN - 695028
3 BALACHANDRAN A.K., S/O. DAMODARAN NAIR (LATE),
AGED 60 YEARS, MANAGER GRADE-III (RETIRED),
THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY
LTD. NO.H231, MANAPPATTIPARAMBU, KALOOR P.O., KOCHI-17.
RESIDING AT ANCHUKANDATHIL (H), THANDORAPARA P.O.,
KOZHIKKODE DIST., PIN - 673526
4 RAVEENDRAN M.N.,AGED 63 YEARS, S/O. V. NARAYANAN NAIR
MANAGER GRADE III (RETIRED),
THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY
LTD. NO.H231, MANAPPATTIPARAMBU, KALOOR P.O., KOCHI-17.
RESIDING AT MADASSERY HOUSE, PANDIT KARUPPAN ROAD,
NEAR S.H. COLLEGE, THEVARA,
ERNAKULAM DIST., PIN - 682013
2026:KER:10589
WP(C) NO. 123 OF 2026 2
5 J. ROBERT,AGED 59 YEARS, S/O. JOHNSON J.
MANAGER GRADE II (RETIRED), THE KERALA STATE
HANDICRAFTS APEX CO-OPERATIVE SOCIETY LTD. NO.H231,
MANAPPATTIPARAMBU, KALOOR P.O., KOCHI-17.
RESIDING AT LIJOY BHAVAN, VENGANOOR P.O.,
THIRUVANANTHAPURAM DIST., PIN - 695523
6 JAKKARIYA JAN MOHAMMED SAIT,
S/O. JAN MOHAMMED JAKKARIA SAIT, AGED 62 YEARS
SALES ASSISTANT (GRADE-1) (RETIRED),
THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY
LTD. NO. H231, MANAPPATTIPARAMBU, KALOOR PO, KOCHI-17.
RESIDING AT HOUSE NO. 13/1839(B), H.M.C. ROAD,
KADEBHAGAM, PALLURUTHY P.O., KOCHI,
ERNAKULAM DIST., PIN - 682006
7 SUDHA M.S.,AGED 62 YEARS, D/O. M.G. SIVAN PILLAI
EMPORIUM ASSISTANT (RETIRED),
THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY
LTD. NO.H231, MANAPPATTIPARAMBU, KALOOR P.O., KOCHI-17.
RESIDING AT MANIVILAS, MAPPALA, MANJUMMEL P.O.,
ERNAKULAM DIST., PIN - 683501
8 G. VIJAYAN,AGED 61 YEARS, S/O. JNANADAS,
PEON CUM PACKER (RETIRED),
THE KERALA STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY
LTD. NO.H231, MANAPPATTIPARAMBU, KALOOR P.O., KOCHI-17.
RESIDING AT CHARUVILA VEEDU, MUTTAKKADU, KOVALAM P.O.,
THIRUVANANTHAPURAM DIST., PIN - 695527
BY ADVS.
SHRI.T.K.AJITH KUMAR
SMT.AISWARYA RAMESAN
SMT.REMYA VARMA N.K
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES
AND COMMERCE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2026:KER:10589
WP(C) NO. 123 OF 2026 3
2 THE DIRECTOR OF INDUSTRIES AND COMMERCE,
DIRECTORATE OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN,
3RD FLOOR, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE STATE HANDICRAFTS APEX CO-OPERATIVE SOCIETY LTD.
NO.H231,
REPRESENTED BY ITS SECRETARY, MANAPPATTIPARAMBU,
KALOOR P.O., KOCHI, ERNAKULAM DIST., PIN - 682017
4 THE DISTRICT COLLECTOR,
DISTRICT COLLECTORATE, CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM DIST., PIN - 682030
5 THE DEPUTY LABOUR COMMISSIONER (CONTROLLING AUTHORITY
UNDER THE PAYMENT OF GRATUITY ACT, 1972),
CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM DIST., PIN - 682030
6 THE TAHSILDAR,KANAYANNUR TALUK OFFICE,
NEAR SUBHASH PARK, MARINE DRIVE,
ERNAKULAM DIST., PIN - 682011
7 THE VILLAGE OFFICER,
KANAYANNUR VILLAGE OFFICE, ERUVELI-THALACODE ROAD,
ERNAKULAM DIST., PIN - 682312
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:10589
WP(C) NO. 123 OF 2026 4
JUDGMENT
Petitioners have approached this Court being aggrieved
by the fact that though the Competent Authority under the
Payment of Gratuity Act, 1972 has determined the amounts
payable to each of the petitioners towards gratuity from the 3 rd
respondent, the amounts are not being recovered and paid to
them.
2. Learned Government Pleader submits that recovery
proceedings have been initiated to recover the amounts due to
the petitioners as gratuity. It is submitted that, considering the
nature of the proceedings, some time will be required to
complete the proceedings for recovery.
3. Taking into consideration the above submission of the
learned Government Pleader, the writ petition will stand
disposed of, directing the 4 th respondent to take earnest efforts to
complete the revenue recovery proceedings to recover the
amounts due in terms of the orders determining the entitlement
of the petitioners to gratuity from the 3 rd respondent, if those
orders have become final and are not subject matter of any other
stay and complete the proceedings as expeditiously as possible 2026:KER:10589
and at any rate, within a period of nine months from the date of
receipt of a certified copy of this judgment.
Sd/-
GOPINATH P. JUDGE ajt 2026:KER:10589
APPENDIX OF WP(C) NO. 123 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 29.11.2024 IN
Exhibit P9 TRUE COPY OF THE REQUISITION DATED 14/05/2025 ISSUED IN THE MATTER OF THE 1ST PETITIONER. Exhibit P10 TRUE COPY OF THE REQUISITION DATED 28/01/2025 ISSUED IN THE MATTER OF THE 2ND PETITIONER. Exhibit P11 TRUE COPY OF THE REQUISITION DATED 20/06/2024 ISSUED IN THE MATTER OF THE 3RD PETITIONER. Exhibit P12 TRUE COPY OF THE REQUISITION DATED 28/01/2025 ISSUED IN THE MATTER OF THE 4TH PETITIONER. Exhibit P13 TRUE COPY OF THE REQUISITION DATED 20/06/2024 ISSUED IN THE MATTER OF THE 5TH PETITIONER. Exhibit P14 TRUE COPY OF THE REQUISITION DATED 20/06/2024 ISSUED IN THE MATTER OF THE 6TH PETITIONER. Exhibit P15 TRUE COPY OF THE REQUISITION DATED 20/06/2024 ISSUED IN THE MATTER OF THE 7TH PETITIONER. Exhibit P16 TRUE COPY OF THE REQUISITION DATED 20/06/2024 ISSUED IN THE MATTER OF THE 8TH PETITIONER.
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