IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 26494 of 2010(J) ------------------------------------ PETITIONER(S): ----------------------- K.P.VELUKUTTY, AGED 67 YEARS, SON OF LATE MR. K.P.SAMY, UNNICHIRAM PARAMBIL, FEROKE.P.O., KOZHIKODE. BY ADVS. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): ------------------------- 1. THE SECRETARY, THE KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM-695004. * ADDL. R2 & R3 IMPLEADED * ADDL. R2 & R3 : R2: CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 ( DISTRICT LABOUR OFFICER , KOZHIKODE) CIVIL STATION, KOZHIKODE. R3: APPELLATE AUTHORITY UNDER THE GRATUITY ACT, 1972 AND REGIONAL LABOUR COMMISSIONER, KOZHIKODE, CIVIL STATION,KOZHIKODE. * ARE IMPLEADED AS PER ORDER DT. 28/9/2010 IN I.A. 12154/2010. R1 BY ADV. K.S.ANIL,SC,KSEB R2 & R3 BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO.26494/2010 -J APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER-DATED 21/10/2005 OF THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 ( DISTRICT LABOUR OFFICER, KOZHIKODE) MADE IN GC 416/2004. P2 COPY OF THE NOTICE DATED 21/10/2005 ISSUED TO THE FIRST RESPONDENT BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 ( DISTRICT LABOUR OFFICER, KOZHIKODE). P3 COPY OF THE ORDER DATED 15/12/2009 OF THE APPELLATE AUTHORITY UNDER THE GRATUITY ACT, 1972 AND REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE MADE IN GAC NO. 118/ 2007. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.26494 of 2010 ---------------------------- Dated this the 6th day of October, 2010 JUDGMENT The grievance of the petitioner, who is retired employee of the Kerala State Electricity Board, is pertaining to the non-disbursement of gratuity payable to him under Payment of Gratuity Act, 1972. As per the orders passed in G.C.No.416/2004 the respondent found that the petitioner is entitled to get the balance of gratuity amount. The same was challenged by the additional second respondent before the additional third respondent in appeal. However, the third respondent dismissed the appeal, as is obvious from Ext.P3 order. At the time of filing of the said appeal, the second respondent had deposited the arrears of gratuity payable to the petitioners before the first respondent. Despite the dismissal of the appeal, no action was taken by the first respondent to disburse the gratuity amount already deposited by the second respondent. It is raising grievance against the action on the part of the first and second respondents in not disbursing the arrears of gratuity that this writ WP(C).No.26494/2010 2 petition has been filed. 2. In view of the fact that this Court has already passed orders on similar matters directing the concerned respondent to disburse the balance amount of gratuity on execution of a bond for the equivalent amount by the concerned petitioners, this writ petition is disposed of directing the first respondent to disburse the balance amount of gratuity payable to the petitioner on executing bond for the equivalent amount to be disbursed to him. Sd/- C.T.RAVIKUMAR Judge jma //true copy// P.A to Judge