IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 RP.No. 440 OF 2009 ---------------------------- AGAINST THE JUDGEMENT IN WA 439/2009 IN WPC.33283/2008 .................... REVIEW PETITIONER(S): PETITIONERS/RESPONDENTS 1 TO 5 ---------------------------------------------------- 1. N.K.USHA,W/O.K.MUKUNDAN,'KAUSTHUBHOM', RETREAT ROAD, CHEMBUKKAVU, THRISSUR-680020. 2. P.S.RADHA,W/O.LATE VASUDEVAN.S, OORKATH HOUSE,PUDURKKARA,POST AYYANTHOLE. 3. A.RAMACHANDRAN,S/O.LATE A DHARMADEVAN, SRUTHY,VASANTH NAGAR,POST PATTURAIKKAL, THIRUVAMBADY,THRISSUR-22. 4. N.A.PURUSHOTHAMAN,S/O.LATE N.APPUKUTTAN, NAMBATH HOUSE,POST VADAKKEKKAD,PIN:679562. 5. K.M.SANTHAN,S/O.N.A.PURUSHOTHAMAN, NAMBATH HOUSE,POST VADAKKEKKAD,PIN:679562. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): APPELLANT & 6TH RESPONDENT ----------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM, REPRESENTED B Y ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMANT OF GRATUITY ACT,1972 & DISTRICT LABOUR OFFICER,THRISSUR. ADV. SRI.N.N.SUGUNAPALAN (SR) FOR R1 SRI.S.SUJIN FOR R1 GOVT.PLEADER SMT.R.BINDU THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19/03/2010, ALONG WITH R.P.979 & 984 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------------------------- R.P. No.440/2009 in W.A.No.439 of 2009 R.P.No.979/2009 in W.A.523 of 2009 & R.P.No.984/09 in W.A.430 of 2009 ---------------------------------------------- Dated 19th March, 2010. O R D E R Balakrishnan Nair, J. Heard. The learned counsel for the review petitioners submitted that in all these cases, the Controlling Officers under the Payment of Gratuity Act, have issued orders directing payment of the balance amount of gratuity, long ago. The Kerala State Electricity Board (for short, the Board) did not file any appeal against those orders and therefore, those orders have become final. So, even if the decision on the question of law is answered by the Apex Court in favour of the Board, on the facts of these cases, the Board cannot reap its benefits because of the delay and the resultant bar of limitation. Secondly, it is contended that the review petitioners retired long ago from the service of the Board and therefore, it may not be possible for them to find serving employees to execute bonds, as directed by this Court, in order to enable the review petitioners to collect the RP Nos.440, 979 & 984/09 2 amount payable. The review petitioners submit that they may be permitted to furnish sufficient security by way of bank guarantee etc., for releasing the balance gratuity amount. 2. We heard the learned Standing Counsel for the Board also. Against an order, there may be a statutory remedy of appeal and if that appellate remedy is not invoked in time, the order of the original authority may gain statutory finality. That may be one of the dissuading circumstances, in the matter of invocation of the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. But, there is no bar in entertaining a Writ Petition against the order of the original authority, even if , as a result of the delay, the appellate remedy is cut off. Therefore, the contention of the review petitioners that even if the Board wins before the Apex Court, they should not be permitted to retain the DCRG or recover the DCRG already released, cannot be accepted. 3. Regarding furnishing of security for the release of DCRG, it is ordered that the Board need not insist for the execution of bonds by two serving employees. If security to the RP Nos.440, 979 & 984/09 3 satisfaction of the concerned Controlling Officers is furnished or bank guarantee is furnished, the amount shall be released to the review petitioners and other similarly placed employees. The Review Petitions are disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. tgs K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------------------------- R.P. Nos.440, 979 & 984 of 2009 ---------------------------------------------- O R D E R Dated 19th March, 2010.