IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 RP.No. 477 of 2010(T) --------------------- AGAINST THE JUDGEMENT IN WPC.31397/2009 Dated 20/11/2009 .................... REVIEW PETITIONER(S): PETITIONERS -------------------------------------------------- 1. K.P.MADHAVAN,ASSISTANT ENGINEER (RTD.) KERALA STATE ELECTRICITY BOARD, ' POORNIMA',P.O. EACHUR KANNUR - 670591. 2. K.C.KALLIANIKUTTY, ASSISTANT ACCOUNT OFFICER (RTD) KERALA STATE ELECTRICITY BOARD, 'DHANUSH' KEECHERIKUNNU, P.O.PAPPINISSERY, KANNUR. 3. KUSALAN A.K., ASSISTANT ENGINEER (RTD) KERALA STATE ELECTRICITY BOARD, 'SHANTHI' CHERUMAVILAYI, P.O. MAVILAYI, KANNUR DISTRICT. 4. M.VALSAN, SUB ENGINEER (RTD) 'VIASAKH' VALIAPARAMBA,KERALA STATE ELECTRICITY BOARD, P.O., AZHIKODE, KANNUR 600 009. 5. K.C. BHASKARAN, ASSISTANT ENGINEER(RTD), KERALA STATE ELECTICITY BOARD, KEY CEE HOUSE, ARIMBRA, MULLAKODI P.O. 6. V.RAVEENDRAN, SENIOR ASSISTANT (RTD) KERALA STATE ELECTRICITY BOARD, "MIDHULA" P.O. MAMBALAM, PINARAYI, KANNUR DISTRICT 7. M.SUBHAKARAN, ASSISTANT ENGINEER (RTD) KERALA STAE ELECTRICITY BOARD, 'AISWARYA' KANAL ROAD, P.O. KAKKAD, KANNUR 8. K.M.GOPALAN, ASSISTANT EXECUTIVE ENGINEER (RTD) KERALA STATE ELECTRICITY BOARD 'RAMANAND' NEAR KALLADATHODE, P.O. ALAVIL, KANNUR, 9. M.KUNHAPPA, SUPERINTENDENT (RTD) KERALA STATE ELECTRICITY BOARD, "KAVITHA", CHELORA, P.O. VARAM, KANNUR DISTRICT 670 009 . RP.No. 477 of 2010(T) 10. P.RAMACHANDRAN, ASSISTANT ENGINEER (RTD) KERALA STATE ELECTRICITY BOARD,'SWARA RAG' NEAR KAPPUMKARA, P.O.AZHEEKODE SOUTH. 11. K.K.SADANANDAN, ASSISTANT ENGINEER (RTD) KERALA STATE ELECTRICITY BAORD, "SUSHASREE" NEAR GOVT.POLY TECHNIC, P.O.THOTTADA, KANNUR -07. 12. M.C.RASHEED LINE MAN GRADE I (RTD) KERALA STATE ELECTRICITY BAORD, JUDHI C.K. 185,ANJARAKKANDY ROAD, KANNUR -17. 13. K.C.PAVITHRAN, SUB ENGINEER (RTD) KERALA STATE ELECTRICITY BAORD, "PAVITHRAM" KIZHUTHALLY, THAZHE CHOVVA P.O., KANNUR DISTRICT.670018. BY ADV. SRI.P.M.PAREETH RESPONDENT/RESPONDENTS. -------------------------------------- 1. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER,KANNUR. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHVANAM, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. M.A. ASIF R3 BY ADV. SRI. K.S. ANIL, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. --------------------------------------- R.P.NO.477 OF 2010 and W.P.(C) No.31397 OF 2009 -------------------------------------- Dated this the 9th day of JUNE, 2010 ORDER This review petition is filed by the petitioners in the writ petition to modify certain conditions imposed for release of the gratuity amount due to the petitioners by the respondents, in the judgment dated 20.11.2009. In that judgment following a Division Bench decision it was directed that the gratuity amounts deposited shall be disbursed to the petitioners on the petitioners furnishing bonds with two serving employees of the Board as sureties for due repayment of the amounts so disbursed, if ultimately the Supreme Court decides the case in favour of the board. Now in this writ petition, the petitioner has produced a subsequent modification of the conditions by the Division Bench themselves, wherein instead of insisting on execution of bonds by two serving employees, amounts have been directed to be released on furnishing of bank guarantee. .R.P.No.477/10 2 In the above circumstances, this review petition is allowed and the judgment is modified to the effect that the amounts shall be released to the petitioners on the petitioners furnishing bank guarantee for the amount to be released to the satisfaction of the concerned controlling officers instead of insisting on execution of bonds by two serving employees. The review petition is disposed of accordingly and the judgment in the writ petition would stand modified accordingly. S. SIRI JAGAN, JUDGE acd .R.P.No.477/10 3 .R.P.No.477/10 4