IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 26567 of 2008(K) -------------------------- PETITIONER(S): --------------- V.M.VIJAYALAKSHMI, W/O.NARAYANA MENON, 'SREEHARI', SANTHI NAGAR, THIRUVAMBADY, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER) THRISSUR. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).26567/2008 -------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner retired from the service of the first respondent Board on superannuation, but was denied full gratuity. She moved the Controlling Authority, the second respondent herein, under the Payment of Gratuity Act. By Ext.P1 order, the Controlling Authority directed payment of the amount within 30 days from the date of receipt of the order. In spite of the same, payment has not been effected so far. Hence the writ petition. 2. Learned Standing Counsel submits that if there is no order of stay of Ext.P1 from the competent Appellate Authority, the amount will be paid to the petitioner without further delay. Submission is recorded. 3. In the result, writ petition is disposed of directing the first respondent to pay to the petitioner the amount due under Ext.P1 order, within two months from today provided Ext.P1 order is still in operation and the W.P.(C).26567/2008 2 enforcement of the same has not been stayed by any competent authority. It is made clear that if the amount has actually been deposited by the Board before the competent Authority, then, the petitioner will be entitled to approach the said authority for disbursal of the same and the Authority under the Act, shall disburse the same to the petitioner. V.GIRI, Judge mrcs