IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 27815 of 2010(B) PETITIONER(S): 1. N.HYDROO,AGED 72, NELLIRUTHIL HOUSE, JAYANTHI ROAD,NALLALAM P.O, KOZHIKODE. 2. K.CHANDRASEKHARAN , AGED 64, KALLIKKADATHIL HOUSE,MAKKADA P.O,KOZHIKODE. 3. U.K.RAVINDRAN,AGED 63, 'NIKILESH',AMMOTHIL,KAKKODI P.O, KOZHIKODE. 4. ABDUL HAMEED, AGED 63,CHERUVAYAL HOUSE, EYYAD P.O,. KOZHIKODE. 5. P.P.RAJAN,AGED 69,KRISHNA KRIPA, CUSTOMS ROAD,VATAKARA P.O,KOZHIKODE. 6. T.KRISHNAN,AGED 65,'THEKKEYIL', MYKAVU P.O,THAMARASSERY,KOZHIKODE. 7. P.P.PRABHAKARAN NAIR,AGED 65, VALARIPARAMBATH,KALPATHUR,MEPPAYYUR P.O, KOZHIKODE. 8. SANKARANKUTTY,AGED 67,NECHIKKAT HOUSE, VALIYAKAVU PARAMBA,ARAKKINAR P.O,KOZHIKODE. 9. M.GANGADHARAN NAIR,AGED 70, AROMA HOUSE, THEKKEMURI PO, TIRUR,MALAPPURAM DISTRICT. 10. M.K.RAMACHANDRAN ,AGED 67,KRISHNA MANDIRAM,MADAPPALLY COLLEGE P.O, VATAKARA. 11. P.GOPALAN,AGED 65, PULIYANKANDY HOUSE, MARUTHONKARA P.O, KAVILUMPARA. BY ADV. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN RESPONDENT(S): --------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,REGIOINAL 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, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM. ADV.SRI.K.S.ANIL, STANDING COUNSEL, KSEB-R3 GOVERNMENT PLEADER SRI.K.C.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.27815 OF 2010 -------------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT The grievance of the petitioners, who are retired employees of the Kerala State Electricity Board, is pertaining to the non-disbursement of gratuity payable to them under Payment of Gratuity Act, 1972. As per Ext.P1 series of orders, the second respondent found that the petitioners are entitled to get the balance of gratuity amount. The same was challenged by the third respondent before the first respondent in appeal. However, the first respondent dismissed the appeals, as is obvious from Ext.P2 series of orders. At the time of filing of the said appeals, K.S.E.B had deposited the arrears of gratuity payable to the petitioners before the first respondent. Despite the dismissal of the appeals, no action was taken by the first respondent to disburse the gratuity amount already deposited by the third respondent. It is raising grievance against the action on the part of the first and second respondents in not disbursing the arrears of gratuity that this Writ Petition has been filed. 2. In view of the fact that this Court has already passed orders on W.P.(C) NO.27815/2010 2 similar matters directing the concerned respondent to disburse the balance amount of gratuity on execution of a bond for the equivalent amount by the concerned petitioners, this Writ Petition is disposed of directing the second respondent to disburse the balance amount of gratuity payable to the petitioners on their executing bond for the equivalent amount to be disbursed to each of them. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.27815/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.27815/2010 4