K.K. Kunhikannan and Others vs The Controlling Authority, (Under Gratuity Act) and The Cannanore Co-Operative Spinning Mills Ltd., Addl. R3. The Deputy Labour Commissioner Workmen''s Compensation Commission Opposite Anaswara Textile, S.N. Park Road Kannur -1. Addl. R3 is Impleaded as Per Order Dated 04/10/2012 in IA 13163/2012

Justice Harun-Ul-Rashid

The writ petition is filed seeking a direction directing the first respondent to dispose of Exts. P1 to P14 within such time that may be fixed by this Court and for a direction directing the 2nd respondent not to disburse gratuity without following seniority in retirement of the employees and for other incidental reliefs. Exts. P1 to P14 applications submitted by the petitioners seeking disbursement of gratuity were submitted before the first respondent. Pending this writ petition, all the gratuity cases pending before the first respondent have been transferred to Deputy Labour Commissioner, Workmen''s Compensation Commission, Kannur. The Deputy Labour Commissioner was impleaded as additional 3rd respondent.

In the light of the fact that Exts. P1 to P14 are now pending before the additional 3rd respondent, the writ petition is disposed of, directing the additional 3rd respondent to consider and pass appropriate orders on Exts. P1 to P14 applications within a period of three months from the date of receipt of a copy of the judgment. There will be a further direction to the 2nd respondent to disburse the gratuity amount to its employees following the seniority in retirement.