IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18785 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------- 1. D.PARAMESWARI AMMAL, W/O.K.N.NARAYANAN NAMBOODIRI, NARAYANANALAYM, ENANALLOOR P.O., MUVATTUPUZHA. 2. M.A.JOSEPH, S/O.OUSEPH, MALIYEKKAL HOUSE, PERUMANNOOR POST, NELLIMATTOM. 3. M.V.OUSEPH, S/O.VARGHESE, MANIYIRICKAL HOUSE, KARUKADOM POST, KOTHAMANGALAM. 4. K.M.NACHIKUNJU, W/O.M.B.MOIDEEN, MANIYATTUKUDY HOUSE, AYIROOPADAM POST, KOTHAMANGALAM. 5. K.P.THOMAS, S/O.PAULOSE, KOMAYIL HOUSE, VENDUVAZHY, KARUKADOM POST. 6. K.K.PURUSHOTHAMAN, S/O.KESAVAN, PUTHENPURAYIL HOUSE, NEAR K.S.R.T.C., KOTHAMANGALAM POST. 7. C.R.DIVAKARAN, S/O.RAMAN, CHERIYANOLICKAL HOUSE, NERYAMANGALAM POST, KOTHAMANGALAM. 8. V.I.MANORAM, W/O.K.K.MADHAVAN, KIZHAKKEKUNNEL HOUSE, MATHIRAPPILLY POST, KOTHAMANGALAM. Kss ..2/- ..2.... WPC.NO.18785/2010 W 9. M.N.KUMARAN, S/O.NARAYANAN, MATTAPPILLIL HOUSE, M.A.COLLEGE POST, MATHIRAPPILLY, KOTHAMANGALAM. 10. T.J.SKARIA S/O.M.O.JOSEPH, THANNICKAKUZHIYIL HOUSE, KAKKOOR POST, KOOTHATTUKULAM. 11. P.N.JANARDHANAN, S/O.NARAYANAN, PONPANAL HOUSE, VADATTUPARA POST, KOTHAMANGALAM. 12. T.K.CHINNAN, S/O.KURIEN, KARAKKATTU HOUSE, MATHIRAPPILLY, KOTHAMANGALAM POST. 13. K.S.PAULOSE, S/O.SKARIAH, KOTTALIL HOUSE, KOTTAPPADY POST, KOTHAMANGALAM. 14. K.V.MAITHEEN, S/O.VAVA, KAROTTUVEEDU HOUSE, VENDUVAZHY, KOTHAMANGALAM POST. 15. C.K.PAULOSE, S/O.KURIAKOSE, CHAKKALACKAL HOUSE, POOYAMKUTTY POST. BY ADV. SRI.P.V.SANTHOSH JOSE RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REP.BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER ERNAKULAM.) 3. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM. R1 BY ADV. SRI. K.S,ANIL, SC, KSEB R2 & R3 BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.18785 OF 2010 ............................................ DATED THIS THE 17TH DAY OF JUNE, 2010 JUDGMENT The petitioners are former employees of the KSEB who have retired on attaining Superannuation. According to them, they were entitled to be paid gratuity in terms of the provisions of the Payment of Gratuity Act. For the purpose, they had filed applications before the second respondent, which were all allowed as per Exts.P1 to P7 orders as early as in the year, 2007. However, in spite of the eligibility of the petitioners to get the balance gratuity amounts, they complain that they have not been paid the same, till date. The counsel for the petitioner places reliance on Ext.P8 judgment of this court by which directions have been issued for payment of balance gratuity to other similarly placed employees. Therefore, the counsel prays for the issue of appropriate directions for payment of their gratuity. The counsel for the first respondent submits that the entire gratuity amount has been deposited with the third respondent while filing appeals against Exts.P1 to P7. The first respondent has no objection to the gratuity amount Wpc 18785/2010 2 being disbursed to the petitioners, provided they furnish security for such amount. 2. In the above circumstances, this writ petition is disposed of directing respondents 2 and 3 to disburse to the petitioners the balance gratuity that is due and payable to them as per Exts.P1 to P7 orders and to pay the said amounts to them on condition that they furnish security to the satisfaction of the second respondent by executing personal bonds. K.SURENDRA MOHAN, JUDGE lgk