IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30103 of 2010(K) --------------------------------------- PETITIONER(S): ------------------------ 1. A.M.GEORGE, S/O. MATHAI, ARIKUPURATHU HOUSE, KEEZHILLAM POST, AIRAPURAM VILLAGE, MANNOOR, KUNNATHUNADU TALUK. (GC.NO.187/04) 2. P.A.VASU, S/O. APPUKUTTY,PATTIKKARA HOUSE, KALPETTA, WAYANAD, NOW RESIDING AT PAINGOTTOOR POST, KADAVOOR VILLAGE, KOTHAMANGALAM. (GC.NO.371.04) 3. JACOB KURIAN S/O. KURIAN, PALLIMALIL HOUSE, KOTHAMANGALAM POST, KOTHAMANGALAM. (GC.NO.382/04) 4. M.J.JOHN, S/O. JOSEPH, MEPPURATHU HOUSE, PERUMBALLOOR POST, ARAKKUZHA, MUVATTUPUZHA.(GC.NO.446/04) 5. K.SREEDHARAN NAIR, S/O. KRISHNAN NAIR, KUNNATHU HOUSE, ARAKUZHA POST, ARAKUZHA VILLAGE, MUVATTUPUZHA.(GC.NO.468/04) 6. N.M.THOMAS, S/O. MATHAI, NIRAPPUKANDATHIL HOUSE, PAIGOTTOOR POST, KADAVOOR VILLAGE, KOTHAMANGALAM.(GC.NO.471/04) 7. Y.PRAKSASH, S/O. YOHANNAN THORACKALPUTHENPURA HOUSE,PANDAPPILLY POST, ARAKUZHA VILLAGE, MUVATTUPUZHA.(G.C.NO.337/05) 8. S.NEELAKANTAN NAIR, S/O.SREEKANTHAN NAIR KURIEEPPILLIL HOUSE, SOUTH OF PETTA, MUVATTUPUZHA POST, MARADY VILLAGE, MUVATTUPUZHA. (GC.NO.349/05) 9. V.K.SARALA DEVI, W/O. C.K.SUKUMARAN, VARAKUKALAYIL HOUSE, 130 JUNCTION, MUVATTUPUZHA POST, NEAR K S R T C , MUVATTUPUZHA, (G.C.NO.386/05) 10. V.A. MARIYAM W/O. M.J.JOHN, MEPPURATHU HOUSE, PERUMBALLOOR POST, ARAKUZHA VILLAGE, MUVATTUPUZHA (GC.NO.387/05) BY ADV. SRI.P.V.SANTHOSH JOSE SMT.DIVYA B.NAIR WP(C).No. 30103 of 2010(K) 2 RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER ERNAKULAM). 3. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM. BY GOVERNMENT PLEADER MR.K.C.SANTOSH FOR R2,R3 BY ADV.MR,K.S.ANIL FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.30103 of 2010 ---------------------------- Dated this the 30th 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 the Payment of Gratuity Act, 1972. As per Exts.P1 to P5 orders, the second respondent found that the petitioners are entitled to get the balance amount of gratuity. However, no action was taken by the first respondent to deposit the balance amount of gratuity payable to the petitioners in terms of Exts.P1 to P5 orders. The first respondent has not challenged Exts.P1 to P5 orders successfully and thereby, they attained finality. Therefore, the first respondent is bound to comply with the directions in the said orders. It is raising such contentions and also grievance against the action on the part of the first respondent in not depositing the amount in terms of Exts.P1 to P5 and further attributing inaction on the part of the second respondent for realizing the amount in terms of Exts.P1 to P5 that this Writ Petition has been filed. This Court has already passed orders on similar WP(C).No.30103/2010 2 matters directing the first respondent to deposit the balance amount of gratuity with the second respondent and in turn, directing the second respondent to disburse the same on execution of a bond for the equivalent amount by the concerned petitioners. Therefore, this writ petition is disposed of directing the first respondent to deposit the balance amount of gratuity payable to the petitioners in terms of Exts.P1 to P5 within a period of two weeks from the date of receipt of copy of this judgment with the 2nd respondent and, in turn, directing the second respondent to disburse the same to the petitioners on their executing bonds for the equivalent amount to be disbursed to each of them. It will also be open to the first respondent to disburse the balance amount of gratuity payable to the petitioners on similar conditions. At any rate, such amount due to the petitioners shall be paid to them within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge jma //true copy// P.A to Judge