IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 27688 of 2010(I) -------------------------- PETITIONER(S): --------------- J.SOLOMON, AGED 63 YEARS, S/O.AUGUSTHY,SR.SUPERINTENDENT (RETD) KSEB, ELECTRICAL MAJOR SECTION, MATTANCHERRY RESIDING AT C.C.NO.X/154,ARAKKAL HOUSE, AMARAVATHY,FORT KOCHI. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT(S): --------------- 1. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR, CIVIL STATION, KAKKANAD, ERNAKULAM -682030. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,PATTOM P.O., THIRUVANANTHAPURAM - 695004. BY G.P.SRI.K.C.SANTHOSH FOR R1 S.C.SRI.K.S.ANIL FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, ALONG WITH W.P.(C)NO.27714/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.27688 & 27714 OF 2010 -------------------------------------------- Dated this the 17th day of September, 2010 JUDGMENT The petitioners are retired employees of the Kerala State Electricity Board. After their retirement, they approached the second respondent claiming the balance amount of gratuity payable under the Payment of Gratuity Act, 1972. The claim of the petitioners were allowed by the competent authority and the K.S.E.B was directed to pay the balance amount of gratuity to the petitioners. However, going by the contentions in W.P.(C).No.27714/2010, both the petitioner and the K.S.E.B got grievances with respect to Exts.P1 and P2 orders passed by the controlling authority. Therefore, both the parties have preferred statutory appeals against Exts.P1 and P2 orders before the first respondent. Exts.P3 and P3 (a) are the appeals preferred by the K.S.E.B and Exts.P4 and P4(a) are the appeals preferred by the petitioners. In W.P.(C).NO.27688/2010, against Ext.P1 order dated 3.10.2005 passed by the controlling authority, K.S.E.B has preferred Ext.P2 appeal before the first respondent. Admittedly, the above mentioned appeals are still pending before the first respondent. W.P.(C) NOs.27688 & 27714 of 2010 2 Considering the fact that the appeals preferred by the petitioners and the K.S.E.B are statutory appeals, the first respondent is bound to consider the same and pass orders thereon, expeditiously. In the said circumstances, without going into the merits of the rival contentions, these Writ petitions are disposed of with the following directions: In W.P.(C).No.27714/2010, the first respondent is directed to consider Exts.P3 and P3(a) appeals preferred by the K.S.E.B and Exts.P4 and P4(a) preferred by the petitioners and W.P.(C).NO.27688/2010, the first respondent is directed to consider and pass orders on Ext.P2 appeal preferred by the K.S.E.B. Orders shall be passed thereon expeditiously at any rate, within a period of two months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NOs.27688 & 27714 of 2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NOs.27688 & 27714 of 2010 4