IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 32521 of 2010(M) --------------------------------------- PETITIONER(S): ---------------------- 1. B.KUNHIRAMAN,AGED 75 YEARS, BEEKANDIYIL HOUSE, NUT STREET P.O.,VATAKARA KOZHIKODE. 2. M.M.KUNHAMMAD,AGED 61, NELLIYOLA PARAMBIL HOUSE, KODIYANNA.P.O.,KOZHIKODE. 3. P.BALAKRISHNAN,AGED 63 VALIYAPARAMBATH, PAHZANKAVU P.O., VATAKARA, KOZHIKODE. 4. N.JAYACHANDRAN, AGED 65 NERAM VELLI HOUSE, PAZHANKAVU P.O.,VATAKARA, KOZHIKODE. 5. K.BAPPU,AGED 69 YEARS, KERIYATH HOUSE,CHINGAPURAM P.O., THIKKODI,KOZHIKODE. 6. T.NARAYANAN,AGED 69 THAIKANDI HOUSE,CHINGAPURAM P.O., THIKKODI,KOZHIKODE. 7. P.S.KRISHNA MURTHI, AGED 64 HOUSE NO-24/2028A, NR.THENAMUNNU TEMPLE, MANKAVU, KOZHIKODE. 8. K.NARAYANAN, AGED 65,'SURABHI' PALLIKKARA,THIKKODI,KOZHIKODE. 9. T.P.PBALAKRISHNAN, AGED 69 THAZHATHUPARAMBIL HOUSE,PALLIKKARA P.O., KOZHIKODE. -2- 10. K.JAYACHANDRAN, AGED 61, CHERUVALATH MEETHAL, VATAKARA P.O.,KOZHIKODE. 11. P.SIVADASAN, AGED 63, SANTHI BHAVANAM,NUT STREET P.O., VATAKARA, KOZHIKODE. 12. P.KRISHNAN, AGED 69, KANIYANKANDIYIL HOUSE, NARIPATTA P.O.,KOZHIKODE. BY ADVS. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN RESPONDENT(S): ------------------------ 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, REGIONAL JOINT LABOUR COMMISSIONER CIVIL STATION,KOZHIKODE. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,DISTRICT LABOUR OFFICER, CIVIL STATION, KOZHIKODE. 3. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR R3 BY ADV.SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 32521 OF 2010 -------------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT The petitioners are the retirees from the service of the Kerala State Electricity Board. Aggrieved by the inordinate delay in the matter of disbursement of the balance amount of gratuity, they have approached the appellate authority under the Payment of Gratuity Act, 1972 (for short 'the Act'). As per Ext.P1 series of orders, the first respondent issued directions to the third respondent to pay the arrears of gratuity to the petitioners. Thereafter, the third respondent took up the matter in appeal under Section 7(7) of the Act. The said appeals were dismissed as per Ext.P2 series of orders. The third respondent has deposited the amount directed to be disbursed to the petitioners before the appellate authority while filing the appeals. The grievance of the petitioners is that despite the dismissal of appeals preferred by the third respondent as per Ext.P2 series, the respondents are not taking steps to release the gratuity amount deposited with the first respondent. 2. This Court has already disposed of identical matters directing W.P.(C) NO.32521/2010 2 for disbursement of the gratuity amount to the petitioners therein on furnishing security by executing personal bonds for the equivalent amount. The learned counsel for the petitioners submitted that the amount deposited before the first respondent has been transferred to the second respondent. In the said circumstances, this Writ Petition is disposed of with a direction to the second respondent to release the balance amount of gratuity payable to the petitioners and remaining deposited with the second respondent within a period of six weeks from the date of receipt of a copy of this judgment in case the petitioners furnish security by executing personal bonds. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.32521/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.32521/2010 4