IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 16683 of 2009(E) -------------------------- PETITIONERS: --------------- 1. P.K.AYYAPPAN NAIR, AGED 71 YEARS, GEETHALAYAM WEST KODUNGALLUR, ALUVA. 2. V.APPUKUTTAN, AGED 68 YEARS, PRAMOVEEN NIVAS, W.KADUNGALLUR, ALUVA. 3. C.K.RAJAN, AGED 67 YEARS, CHUTTUPADATH HOUSE, EDAYAPURAM, ALUVA. 4. P.M.IBRAHIM, AGED 67 YEARS, PALAKKAL HOUSE, COCHIN UNIVERSITY P.O., KOCHI. 5. K.YESODABAI, AGED 69 YEARS, WARD NO.11/236, THOTTAKKATTUKARA, ALUVA. 6. K.A.PAREED PILLAI, AGED 68 YEARS, KAIPURATH HOUSE, MUPPATHADAM, ALUVA. 7. K.T.THOMAS, AGED 69 YEARS, KOCHUPARAMBIL HOUSE, WEST KADUNGALLOOR, ALUVA. BY ADV. SRI.K.K.RAJEEV RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER, ERNAKULAM). BY SRI.K.S. ANI, SC FOR R1 GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009 ALONG WITH WPC NOS18604/2009 AND 24416/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 16683 of 2009 -------------------------- Dated this the 13th July,2009 J U D G M E N T Heard learned counsel for the petitioners and the learned standing counsel for the KSEB. 2. Petitioners who had retired from the KSEB had approached the Controlling Authority under the Payment of Gratuity Act on the premise that they were not paid the gratuity due to them as per Exhibit-P1. Their applications were allowed. KSEB was directed to pay the balance amount in each application along with interest. Exhibit- P1 has become final. But nevertheless the amounts have not been paid so far. Hence the writ petition. 2. KSEB has filed a statement. It is contended that though an appeal is preferred against Ext.P1 order, no orders of stay have been passed so far, nor has the appeal been numbered so far. Paragraph 8 of the statement reads as follows: W.P ( C) No. 16683 of 2009 2 “In the circumstances, it is humbly submitted that, if at all this Hon'ble Court is pleased to direct that the amount deposited in the above case is to be disbursed to the petitioners, interest of justice requires that the same be directed on the condition stipulated by the Division Bench of this Hon'ble Court in W.A No.439/2009, failing which irreparable damages would be caused to the KSE Board.” 3. The judgment referred to in paragraph 8 of the statement is by a Division Bench of this Court passed on 6.4.2009 in W.A No.439/2009. Paragraph 3 of the said judgment reads as follows: “We are in respectful agreement with the law laid down by this Court in K.S.E.B v. Mohanakumar [2008 (3) KLT 73] and therefore the writ appeal is liable to be dismissed. But it is ordered that if the appeal filed by the KS.E.B allowed by the Apex Court the respondent herein (writ petitioner) will also be bound by the law declared by the Apex Court and he will be entitled to receive gratuity in accordance with that decision only. It is also ordered that if the appeal is not disposed of by the Apex Court, within four months from today, the additional gratuity amount found due to the respondent/writ petitioner shall be released to him immediately thereafter on his executing a bond along with two other serving employees of the K.S.E.B to refund the amount, if decision of the Apex Court is in favour of the K.S.E.B.” Accordingly, the writ petition is disposed of holding W.P ( C) No. 16683 of 2009 3 that the petitioners may approach the Regional Labour Joint Commissioner, Ernakulam for release of the amounts deposited by the KSEB pursuant to the orders passed by the Controlling Authority under the Payment of Gratuity Act, on the petitioners executing a bond along with two other serving employees of the KSEB to refund the amount. If the decision of the Apex Court, in the appeal filed against the KSEB Vs.Mohana Kumar reported in [2008 (3) KLT 73] is ultimately in favour of the KSEB, further release of the amount deposited before the Regional Joint Labour Commissioner may be effected after the expiry of the four months period, mentioned by the Division Bench in the judgment dated 6.4.2009 in W.A No.439/2009. (V.GIRI,JUDGE) ma W.P ( C) No. 16683 of 2009 4 W.P ( C) No. 16683 of 2009 5