IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 31061 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. P.K.DIVAKARAN, SREEVALAM VIDYUTH NAGAR, PLAKKAD. 2. K.P.UNNIKRISHNAN, ANUPAMA, CHITTUR COLLEGE.P.O. PALAKKAD. 3. C.DEVAYANIKUTTY, ANUPAMA, CHITTUR COLLEGE.P.O. PALAKKAD. 4. K.GANGADHARN, PANAMTHODIKA, KAVILPAD, PALAKKAD. 5. N.K.MOHAMMED ALI, NO.28, VIDYUTH NAGAR, PALAKKAD. 6. P.JYOTHIMANI, ASWATHY, VIDYUTH NAGAR, PALAKKAD. 7. C.SARADA, VINAYAKA, VIDYUTHNAGAR PALAKKAD. 8. K.A.ABU HAMEED, CHANAKKALAM HOUSE KODUVAYOOR, PALAKKAD. 9. P.R.SHANMUGHAN, PANDARY HOUSE KALLIPADAM, SHORNUR PALAKKAD. 10. P.R.SANKARANKUTTY, PANDARY HOUSE KALLIPADAM, SHORNUR, PALAKKAD. 11. V.VISWANATHAN, VADAKKEKARA, HOUSE, PANAYOOR.P.O. PALAKKAD. 12. P.AYYAPPAN, SREELAKSHMY, PALLIYALIL HOUSE, PERUMUDIYUR PALAKKAD. 13. U.ABDUL KHADER, ULLATHUTHODI, PERUMUDIYUR PALAKKAD. 14. P.SUKUMARAN 12/505, JYOTHIS KOPPAM PALAKKAD. 15. V.KRISHNMOORTHY, KARTHIKA KODUVAYUR PALAKKAD. 16. K.AMBIKA AKSHARA, METTUPALAYAM STREET SULTANPET, PALAKKAD. 17. T.PRIYAMVADA, ARTHI, DARSANA COLONY, VADAKKANTHARA, PALAKKAD. 18. M.MANI, SRUTHI, NEW CIVIL NAGAR, PALAKKAD. 19. KM HAMZA CITADEL NEAR MERCY COLLEGE JUNCTION, PALAKKAD. 20. N.A.VISWANATHAN, DOUBLE STREET NURANI VILLAGE, PALAKKAD. 21. M.RAGHUNATHAN, SARADHY VIDYUTH NAGAR PALAKKAD. 22. K.RAMANUNNI KOTTAYIL HOUSE VILAYUR.P.O. PALKKAD. 23. C.SANTHAKUMARI JYOGITH, PUTHUR PALAKKAD. 24. P.K.FREDICK, EDEN KALLIKKAD PALAKKAD. 25. A.K.KRINASWAMY, SREE PADMAM, ERUTHEMPATHY P.O. PALAKKAD. 26. M.BALAKRISHNAN, KARUNYAM, KACHERIMEDU CHITTUR PALAKKAD. 27. PNJAJANANI SAROJ, KARIMKULAM, ELAVANCHERY PALAKKAD. 28. K.SUNDARI ATHIRA, VADAVANNUR PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): --------------- 1. STATE OF KEALA, REP. BY ITS SECRETARY TO LABOUR DEPT. GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DISTRICT LABOUR OFFICER (CONTROLLING AUTHORITY UNDER PAYAMENT OF GRATUITYACT) CIVIL STATION, PALAKKAD. 3. REGIONAL LABOUR COMMISSIONER CIVIL STATION, KAKKANADU, ERNAKULAM. 4. KSEB REP. BY ITS SECRETARY VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR ADV.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.31061 of 2009 ================== Dated this the 10th day of November, 2009 J U D G M E N T This writ petition is filed by retired employees of the Kerala State Electricity Board complaining that despite orders of the Controlling Authority under the Payment of Gratuity Act, the gratuity amounts due to the petitioners, as directed by the Controlling Authority, have not been paid to the petitioners. 2. Learned standing counsel appearing for the KSEB, on instructions, submits that out of the 28 cases involved, in respect of 26, amounts awarded by the Controlling Authority have been deposited before the Controlling Authority and in respect of the other two, viz. Sri.A.K.Krishnaswamy and Sri.M.Balakrishnan, amounts would be deposited within two months. This is recorded and the writ petition is disposed of with a direction to the 2nd respondent disburse the amounts deposited to the respective petitioners if request is made by the petitioners in this regard. However, in view of the direction in similar cases in W.A.No.439/2008, the same would be subject to the following conditions: 3. Such disbursement would be subject to the result of the appeal preferred by the KSEB before the Supreme Court on the question of applicability of the Payment of Gratuity Act to the 2 employees of the KSEB. If the appeal is not disposed of by the apex court within four months from today, additional gratuity amount found due to the petitioners shall be disbursed to them immediately thereafter on the petitioners executing bonds with two serving employees of the KSEB as sureties for refund of the amount, if the decision of the apex court is in favour of the KSEB. If the petitioners are unable to find serving employees as sureties the amounts shall be disbursed after the disposal of the appeals pending before the Supreme Court, with 10% interest, if the decision is against the Board. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge