IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24416 of 2009(V) -------------------------- PETITIONERS: --------------- 1. P.V.VENUGOPAL, DEEPAM HOUSE, PAIPRA, KOTHAMANGALAM. 2. K.R.SASIKUMARAN NAIR, USHUS, THRIKKARIYOOR. 3. V.P.SUBASH CHANDRAN, MOON VILLA, CHERUVATTOOR, KOTHAMANGALAM. 4. R.RAJAPPAN NAIR, REVATHY HOUSE, THRIKKARIYOOR. 5. K.RAYAPPAN NAIR, KUNNUMPURATH, MATHIRAPPILLY, KOTHAMANGALAM. 6. A.P.PARAMESHWARAN NAIR, AMBATTUKUNNEL HOUSE, MATHIRAPPILLY.P.O., KOTHAMANGALAM. 7. P.K.RAGHAVAN, PRIYARATH HOUSE, MATHIRAPPILLY, KOTHAMANGALAM. 8. K.P.RAJASHEKHARAN, LAXMI NIVAS, KAVUMPADY, MUVATTUPUZHA. 9. P.K.ABDUL KAREEM, PERUMPILLIL HOUSE, PUTHUPPADY, MUVATTUPUZHA. 10. R.RAMAN, VATTAKKUTTU HOUSE, MEKADAMBU. BY ADV. SRI.K.K.RAJEEV WP(C).No. 24416 of 2009 -2- RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DISTRICT LABOUR OFFICER, ERNAKULAM.). 3. REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANADU, ERNAKULAM. BY SC SRI. K.S ANIL GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, ALONG WITH WPC NO. 18604 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) Nos.18604 and 24416 of 2009 -------------------------- Dated this the 27th August,2009 J U D G M E N T Petitioners in these cases were the employees of KSEB. They retired from service on various dates. They approached the controlling authority under the Payment of Gratuity Act for gratuity in terms of the provisions of Payment of Gratuity Act. 2. In the case of the petitioners in W.P.(C). 24416/2009, by Ext.P1 order dated 10.7.2007 their claims were allowed by the controlling authority . 3. In the case of the petitioners in W.P.(C). 18604/2009, the controlling authority had passed an order on 20.8.2007 as per Ext.P1. Order has become final as on date and in all these cases, the Board has not challenged the orders passed by the Authority concerned. 4. A Division Bench of this Court KSEB v. Mohankumar(2008 (3) KLT 73) held that the employees of the Electricity Board are entitled to gratuity under the provisions of Payment of Gratuity Act. It seems that the W.P ( C) Nos. 18604 and 24416 of 2009 2 Board has preferred an appeal before the Supreme Court. Notice has been issued on the Special Leave Petition and an order on such petition has been passed, points out the learned counsel for the Electricity Board. He also refers to the judgment of the Division Bench of this Court in W.A.439/2009 directing that the additional gratuity amount found due to the writ petitioner in the said case shall be released to him on him executing a bond along with two serving employees of the Board to refund the amount, if the decision of the apex Court is in favour of the Board. Amount was directed to be released to the writ petitioner within four months from the date of receipt of a copy of the judgment namely 6.4.2009. The Special Leave Petition pending before the Supreme Court is not yet disposed of. Learned counsel for the Board submits that similar direction may be issued in relation to the petitioners in the instant case. 5. Learned counsel for the petitioners submits that the petitioners are retired employees of the Board and serving employees of the Board are not willing to stand as W.P ( C) Nos. 18604 and 24416 of 2009 3 surety. They are willing to execute the bond that if the Supreme Court ultimately takes a decision holding that the employees of the Board are not entitled to gratuity under the Payment of Gratuity Act, they shall refund the amount paid to them. 6. I find force in the submission made by the learned counsel for the petitioners that the serving employees of the Board may not be likely to stand as a surety for the retired employees and I also take note of the fact that in the instant case, the petitioners only claim the benefit of orders passed by the competent authority under the Payment of Gratuity Act. Such orders have become final as on date. Petitioners, retired employees, cannot be asked to wait for the benefit, because according to the Board, the question of law has been agitated before the Supreme Court. If the Board was aggrieved by the orders passed by the authorities under the Act, Board should have independently challenged the said orders, before this Court. That has not been done. W.P ( C) Nos. 18604 and 24416 of 2009 4 7. Petitioners are entitled to interest as awarded by the controlling authority under the Act. But in circumstances where the issue regarding eligibility is pending before the Supreme Court, payment of interest shall be deferred for a specific period. 8. In the result, writ petitions are disposed of directing the KSEB to deposit the amount due under the Payment of Gratuity Act in each of these cases with the competent Authority under the Act, within six weeks from the date of production of a copy of this judgment. On deposit by the Board the Controlling Authority under the Act shall, without any delay, disburse the amount due to the petitioners. Board shall also pay interest as directed by the competent authority under the Payment of Gratuity Act provided such orders passed by the authorities have become final. Board shall be permitted to six months' time from today to pay the interest and if within the said period, the issue as regards the eligibility of retired employees of the Board to receive gratuity under the Act is yet to be decided by the Supreme Court, then the Board shall pay W.P ( C) Nos. 18604 and 24416 of 2009 5 interest as directed by the competent authority on condition that the petitioners execute a bond agreeing to refund the interest portion, if ultimately the issue is decided in favour of the Board, by the Honourable Supreme Court. Such bond shall be executed on a 50 rupees stamp paper. (V.GIRI,JUDGE) ma W.P ( C) Nos. 18604 and 24416 of 2009 6 W.P ( C) Nos. 18604 and 24416 of 2009 7