IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Con.Case(C).No. 80 of 2011(S) ----------------------------------- AGAINST THE ORDER IN RP NO.984/2009 in WA.430/2009 Dated 19/03/2010 .................... PETITIONERS: --------------- 1. N.NARAYANAN THAMPI, S/O.RAMA VARMA RAJA, JAYA BHAVANAM, BAPUJI NAGAR, THIRUVANANTHAPURAM. 2. B.SUBHADRAMMA, W/O.T.S.RAVEENDRANATHAN, BHADRALAYAM, DESOM WEST, ALUVA-3. 3. G.SIVANKUTTY, S/O.S.GOVINDAN, KUMARAPURAM, MEDICAL COLLEGE POST, THIRUVANANTHAPURAM. 4. M.N.VASUDEVAN PILLAI, S/O.NARAYANA PILLAI, CHIRAMUKKU, MANACADU POST, THIRUVANANTHAPURAM. 5. V.N.SANTHOSH KUMAR, S/O.K.K.NARAYANAN, TC 3/103, DEVASWAM LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM. 6. M.SHAHUL HAMEED, S/O.MOHAMMED HANEEFA, 7, RAIBU, KALAMESWARAM, MANACADU POST, THIRUVANANTHAPURAM. 7. M.MANOHARAN, S/O.K.MADHAVAN, NO.27, MANOJ BHAVAN, RANNI LANE, VAZHAYILLA, PERURKADA POST. 8. D.LEELAKUTTY, W/O.GABRIEL, TC 11/632, CHETHANA, DRAINAGE ROAD, MUSEUM WEST, THIRUVANANTHAPURAM-3. 9. K.N.RAJASEKHAR, S/O.K.N.KUNJUKRISHNA PILLAI, TC 14/583, ARAMAM, NANDAVANAM, THIRUVANANTHAPURAM. COC 80 OF 2011 - 2 - 10. K.M.SUKUMARAN, S/O.CHANDU, SANGAMAM, POTHUJANAM ROAD, KUMARAPURAM, THIRUVANANTHAPURAM. 11. K.P.RADHAKRISHNA PANICKER, S/O.M.K.RAGHAVAN PILLAI, TC 9/983(3), KRISHNENDU, SASTHAMANGALAM, THIRUVANANTHAPURAM-10. 12. E.K.UGRASENAN, S/O.P.KESAVAN, NO.10, ULLOOR GARDENS, THIRUVANANTHAPURAM. 13. V.KALIDASAN, S/O.R.VELAYUDHAN, AVANI, KAVALOOR LANE, VATTIYOORKAVU POST, THIRUVANANTHAPURAM. 14. M.RAGHUNATHAN, S/O.K.V.MADHAVAN, RAKHI, TC 7/1866, THIRUVANANTHAPURAM-11. 15. KSAILAJA KUMARY, D/O.M.KRISHNAN, GEETHAVILAS, TC 42/897, MUTHHATHARA, THIRUVANANTHAPURAM. 16. A.RAJENDRAN, S/O.ANANTHAKRISHNAN, SANTA CRUZ NIVAS, PUTHENKADA, THIRUPURAM POST, NEYYATTINKARA-33. 17. A.SAINUDDIN, S/O.AHAMED PILLAI, RFIJI COTTAGE, MANACADU POST, THIRUVANANTHAPURAM. 18. T.SUBASHINI, W/O.LATE B.SASIDHARAN, KRISHNALAYAM KUZHIVILA, PONNUMANGALAM, NEMAM POST, THIRUVANANTHAPURAM. 19. L.HELEENAL, W/O.H ELIAS, RASHMI NIVAS, KARAKKAMANDAPAM, NEMOM POST, THIRUVANANTHAPURAM. 20. T.BABY, W/O.LATE S.SOMAN, ANJALI, NEAR SIVA TEMPLE, KOOTAPPANA, NEYYATTINKARA. 21. S.ABDUL KARIM, S/O.N.SAMALABHA, LAILA COTTAGE, KARIOD, ARYANDU POST, THIRUVANANTHAPURAM. COC 80 OF 2011 - 3 - 22. N.PARAMESWARAN NAIR, S/O.P.N.NARAYANAN NAIR, KYYALAM, ATHANI ROAD, KAITHAMUKKU, THIRUVANANTHAPURAM. 23. G.MOHAN, S/O.M.GOPALA PILLAI, VISAKH, TC 15/84, VELLAYAMBALAM, THIRUVANANTHAPURAM. 24. K.SASIDHARAN, S/O.K.KOCHUKUNJU, 5/147, SOUPARNIKA, KALLUPALAM ROAD, ANKAMALY. 25. S.ANDREW, S/O.SABARIMUTHU PILLAI, FLAT NO.CFE 328, THILAK NAGAR, NALANCHIRA POST, THIRUVANANTHAPURAM. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT: --------------- SHRI.B.MOHANAN (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS), SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1 SRI.S.SUJIN FOR R1 THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- Cont.Case (C) .No. 80 of 2011 ---------------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT J.Chelameswar, CJ. This Contempt Case is filed complaining that the judgment of this Court dated 26.11.2008 in WP(C).No.33296 of 2008 is wilfully disobeyed. 2. Petitioners, 25 in number, were petitioners in W.P(C). No.33296 of 2008, in which the abovementioned judgment was rendered by this Court. The dispute in the Writ Petition was regarding the non-disbursement of the amount of gratuity to each of the writ petitioners, who retired from the service of the Kerala State Electricity Board. The amounts due to the petitioners herein had been admittedly determined even by the date of disposal of the abovementioned Writ Petition. It is also recorded in the said judgment that by the date of the judgment the amounts due were also deposited before the Regional Joint Labour Commissioner. Further, the learned Judge recorded that the employer-Board undertook that the further amounts due to the petitioners by way of interest on the principal amount would also be paid within Cont.Case.80/11 2 a period of two months thereafter. In that circumstances, the Writ Petition was disposed of directing payment of balance amount due to each of the petitioners within a period of two months from the date of receipt of a copy of the judgment. 3. in the present Contempt Case it is not a case of the petitioner that no such amounts were paid by the employer. Admittedly, the principal amount due towards the gratuity payable to each of them was paid and also some amounts towards interest due on the delayed payment were also paid. The petitioners, however, dispute the determination of the amount of interest due from the employer and claim that each of the petitioners is entitled for some more amount than already paid by the employer. 4. In the background of the abovementioned facts, we do not see any reason to proceed with the Contempt Case as there is a dispute regarding the exact amount due to each of the petitioners and the amounts due to each of the petitioners under the head 'interest' had not been quantified either by the competent authority or in the judgment dated 26.11.2008 in W.P (C).No.33296 of 2008. Therefore, the Contempt Case is dismissed Cont.Case.80/11 3 leaving it open to the petitioners to approach the competent authority under the Payment of Gratuity Act, 1972 for determination of the amounts due to each of the petitioners, if any, and for the recovery of the amount, in accordance with law. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs