BY AD vs Haridas P

BY ADVS. Haridas P BIJU HARIHARAN(K/1767/1995) SHIJIMOL M.MATHEW(K/907/2005) P.C.SHIJIN(K/397/2012) ROSHIN MARIAM JACOB(K/1017/2011) SMT.MABLE C KURIEN, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 29499 OF 2023 4 JUDGMENT The petitioners have approached this Court being aggrieved by the inaction on the part of the 1st respondent in not initiating expeditious and effective action to recover the amounts awarded to them by the Controlling Authority under the Payment of Gratuity Act, 1972 by recourse to the provisions of the Revenue Recovery Act.

2. The petitioners, in various capacities, were employed in the Believers Church Engineering College, the 3rd respondent herein. Claiming gratuity, they had filed separate applications before the Controlling Authority and by Exts. P1 to P16 orders, their claim petitions filed under Section 7(4) of the Gratuity Act were adjudicated, and orders were issued in the Month of August 2021. The petitioners assert that no appeals have been preferred before the Appellate Authority challenging the orders, which has become final. However, the 3rd respondent has not complied with the order and paid the amounts awarded. In the said circumstances, they approached the 2nd respondent and have filed a representation seeking implementation of order. It is contended that the 2nd respondent has informed the petitioners that they have requisitioned the 1st respondent to realise the amount by recourse to initiation of steps under the Revenue recovery Act. It is in the above backdrop that this petition is filed seeking directions to the 1st respondent to expedite the proceedings and recover the amounts. WP(C) NO. 29499 OF 2023 5

3. The learned counsel appearing for the 3rd respondent submits that steps have been taken to pay the amount and seeks three months' time.

4. The learned counsel appearing for the petitioners assert that the 3rd respondent is an affluent institution, and there is no justification on the part of the 3rd respondent in delaying the payment legitimately due to the petitioners.

5. I find from the records that the Controlling Authority has passed orders directing the 3rd Respondent to pay the gratuity due to the petitioners in the month of August 2021. Despite the petitioners moving heaven and earth, they have not obtained the benefits of the order. In that view of the matter, this writ petition will stand allowed, and there will be a direction to the 3rd Respondent to effect payment of the gratuity ordered together with interest at the rate of 10% per annum as ordered by the 2nd Respondent within one month from the date of receipt of a copy of this judgment, failing which the 1st respondent shall expedite the proceedings to recover the amount by sale or otherwise of the movable as well as immovable property of the 3rd respondent as per the procedure and as expeditiously as possible. Sru Sd/- RAJA VIJAYARAGHAVAN V JUDGE WP(C) NO. 29499 OF 2023 6 APPENDIX OF WP(C) 29499/2023 PETITIONERS EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 5 OF 2019 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 232/2019 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 352/2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 101/2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO.100/2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 99/2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 93/2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 238/18 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO. 382/18 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 27.08.2021 IN GC NO. 162/18 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 27.08.2021 IN GC NO. 354/18 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 27.08.2021 IN GC NO.224/18 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 27.08.2021 IN GC NO.222 OF 2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC NO.95 OF 2018 OF THE 2ND RESPONDENT. Exhibit P15 TRUE COPY OF THE ORDER DATED 31.08.2021 IN GC WP(C) NO. 29499 OF 2023 7 Exhibit P16 Exhibit P17 Exhibit P18 NO. 60/2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER DATED 27.08.2021 IN GC NO.300 OF 2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE SHOW CAUSE NOTICE DATED 03.02.2023 ISSUED BY THE SECOND RESPONDENT PURSUANT TO THE APPLICATION MADE BY THE 16TH PETITIONER. TRUE COPY OF THE INFORMATION PROVIDED BY THE 2ND RESPONDENT'S OFFICE ON 26.07.2023 ON THE APPLICATION MADE BY THE 16TH PETITIONER.