IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 RP.No. 163 of 2009(Y) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29393/2008 Dated 20/10/2008 .................... REVIEW PETITIONER(S): ----------------------------------- 1. A J MAXIMILIAN, S/O. A.J.JERRY ARAKKAL HOUSE, NEAR ASSISSI HOSPITAL, THURUTHIPURAM POST VIA, KOTTAPPURAM, ERNAKULAM DISTRICT 680 667. 2. P. B. ABDU ,S/O. BEERANKUNJI PUTHIYAVEETTIL HOUSE, ERIYAD POST VIA KODUNGALLOOR PIN 680 666 3. M.O.PAULOSE, S/O. OUSEPH, MADAPPILLY HOUSE, POST POOPATHY, THRISSUR DIST. BY ADVS. SMT.T.D.RAJALAKSHMI MR.R.SREEHARI RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004, REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER THRISSUR) 3. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (REGIONAL JOINT LABOUR COMMISSIONER) ERNAKULAM, CIVIL STATION,KAKKANAD. R1 BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE R1 BY MR.K.S.ANIL, SC, KSEB THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = R.P. No. 163 OF 2009 in W.P.(C).No.29393 OF 2008 = = = = = = = = = = = = = == = = = = = = = Dated this the 14th day of August 2009. O R D E R Heard learned Counsel for the petitioner and the learned Standing Counsel for Kerala State Electricity Board. The review petition was filed seeking a direction to the third respondent in the writ petition, namely, the appellate authority under the Payment of Gratuity Act to disburse the amount deposited by the first respondent Electricity Board towards the gratuity and also for a direction to the Electricity Board to pay interest on the gratuity amount covered by Exts.P1 to P3 orders. 2. The writ petition was disposed of recording the submission that Ext.P1 order is pending in appeal before the appellate authority and it is therefore open to the writ petitioners to move the appellate authority for appropriate orders. 3. The review petition is filed on the premise that no appeal has been filed against Ext.P1 to P3 orders. This is evidenced by Annexure - AI. R.P. No. 163 OF 2009 in W.P.(C).No.29393 OF 2008 2 4. This factual position is now accepted by the learned Counsel for the Electricity Board also. In the result, the judgment dated 20.10.2008 is reviewed and the review petition is allowed. The writ petition is being disposed of by a separate order. (V.GIRI) JUDGE kkms/