IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 16619 of 2010(B) ---------------------------------------- PETITIONER(S): ----------------------- 1. N.S.BABU, AGED 62 YEARS, S/O.SANKARAN N.R, KUNNUMPURATH HOUSE, INCHOOR, KOZHIPPILLY, KOTHAMANGALAM. RTD. SENIOR FINANCE OFFICER, KSEB. 2. A.C.MAITHEEN, AGED 61 YEARS, S/O.SEETHI, ALAKKAL HOUSE, KAVALANGAD, NELLIMATTOM P.O., PIN-686 693. RTD. DIVISIONAL ACCOUNTANT, KSEB. 3. K.V.UTHUPPU, AGED 64 YEARS, S/O.MANI VARKEY, PARAKKAL HOUSE, ELAMPRA, NELLIKUZHI P.O., MUVATTUPUZHA., RTD. SPL.GRADE DRIVER, KSEB. 4. A.V.NARAYANAN, AGED 64 YEARS, S/O.VELAYUDHAN, ASARIKUDIYIL, MULAVOOR P.O., MUVATTUPUZHA, RTD. SENIOR ASSISTANT, KSEB. 5. P.M.ALIYAR, AGED 63 YEARS, S/O.MEERANKUTTY, UTHINATTU HOUSE, MULAVOOR P.O., MUVATTUPUZHA.,RTD. TRACTOR DRIVER,KSEB. 6. P.V.VARKEY, S/O.MANI VARKEY, PARAKKAL HOUSE, KOZHIPPILLY, KOTHAMANGALAM., RTD. OVERSEER, KSEB. 7. N.K.APPAN THAMBAN, AGED 64 YEARS, S/O.CHANDRASEKHARAN NAMBOOTHIRI, PRASANTHI HOUSE, KIZHAKKEKARA, MUVATTUPUZHA., RTD. ASST.EXE.ENGINEER, KSEB. 8. VIJAYAKUMARI SHARMA, AGED 54 YEARS, W/O.LATE K.G.REGHUNATHAN, REVI NIVAS, PUTHUPPADI P.O.,RTD. ASST.ENGINEER. BY ADV. SRI.K.K.RAJEEV Kss ..2/- ...2.... WPC.NO.16619/2010 B RESPONDENT(S): --------------------------- 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. 4. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 16619 OF 2010 B ----------------------------------------------------------- Dated this the 31st May, 2010. JUDGMENT The petitioners are former employees of the Kerala State Electricity Board (KSEB for short), who have retired on attaining superannuation on various dates. The petitioners filed gratuity cases 189/2004, 361/2004, 148/2004, 422/2004, 407/2004, 392/2004, 440/2004 and 397/2004 before the second respondent for getting gratuity in terms of the payment of Gratuity Act from the first respondent. As per Ext.P1 order, the claims of the petitioners were allowed as early as in the year 2007. However, the petitioners complain that they have not been paid the amounts due to them so far. According to the petitioners, they are entitled to get the balance gratuity due to them as per the Payment of Gratuity Act. The second respondent has only issued show cause notice to the first respondent, without initiating Revenue Recovery proceedings against them for the recovery of the amounts due. Therefore, the petitioners pray for the issue of appropriate directions for payment of the balance gratuity that is due to them. 2. The standing counsel for the KSEB submits that the amounts due to the petitioners have already been deposited before WPC 16619/2010 2 the third respondent and that the first respondent has no objection to the amounts being disbursed to the petitioners provided they furnish security for the said amounts by executing bonds. The counsel for the petitioners points out that similar orders have been granted in other writ petitions by this Court. 3. In the above circumstances this writ petition is disposed of directing the second respondent to disburse to the petitioners the balance gratuity that is due to them as per Ext.P1 order, on the petitioners executing bonds to the satisfaction of the said authority. The amounts due to the petitioners shall be disbursed as indicated above, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 16619/2010 3