IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 1386 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------- 1. A.VENKTASUBRAMANAIAN,AGED 60 YEARS, S/O. V.ANANTHARAMAN, RESIDING AT 14/148, SREENIKETHANAM, PRASANTH NAGAR, NEETHAJI ROAD, ALUVA. 2. P.R.RADHAMONEY, AGED 62 YEARS, W/O. GOPINATHAN PILLAI, RAGAM, BYPASS JUNCTION, ALUVA. BY ADV. MR.K.K.RAJEEV 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). R1 BY ADV. MR. K.S. ANIL, SC, KSEB R2 BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 1386 of 2010 - W ---------------------------------------- Dated 15th January, 2010 Judgment Heard Sri.K.K.Rajeev, the learned counsel appearing for the petitioner, Sri.K.S.Anil, the learned standing counsel appearing for the Kerala State Electricity Board and Sri.K.C.Santhosh Kumar, the learned Senior Government Pleader appearing for the second respondent. 2. The petitioners are former employees of the Kerala State Electricity Board. Pursuant to the decision of the Division Bench of this Court in KSEB v. Mohan Kumar (2008 (3) KLT 73) the petitioners moved the Controlling Authority under the Payment of Gratuity Act, 1972 for payment of gratuity. The said applications were taken on file and numbered as G.C.Nos.191 of 2006 and 190 of 2006 respectively. The said applications stood posted on 5.2.2008 along with other similar applications. On that day, in view of Ext.P2 notification issued by the State Government exempting the Kerala State Electricity Board from the operation of the provisions of the Payment of W.P.(C) No. 1386/2010 2 Gratuity Act, 1972, the said applications were dismissed. Within one month thereafter, the Government issued Ext.P3 notification dated 25.2.2008 cancelling Ext.P2 notification. The petitioners thereupon moved the second respondent by filing Ext.P5 application dated 4.3.2008 to review the order dismissing Gratuity Case Nos.160 to 215 of 2006 and to restore the said cases to file. The grievance voiced by the petitioners in this writ petition is that, till date, orders have not been passed thereon. 3. The petitioners contend relying on Ext.P4 interim order passed by this Court in W.P.(C) No.5008 of 2008 and connected cases and Ext.P6 judgment in W.P.(C) No.33292 of 2008 and 6917 of 2009 that in view of the binding decision of this Court in KSEB v. Mohan Kumar (supra) and Ext.P3 notification cancelling Ext.P2, the second respondent is bound to restore the Gratuity Cases to file and to hear and dispose of the same on merits. In this writ petition, the petitioner seeks reliefs in that regard. 4. Sri. K.S.Anil, the learned standing counsel appearing for the Kerala State Electricity Board and Sri.K.C.Santhosh W.P.(C) No. 1386/2010 3 Kumar the learned Senior Government Pleader appearing for the second respondent very fairly conceded that in view of Ext.P3 notification whereby Ext.P2 notification exempting the Kerala State Electricity Board from the provisions of the Payment of Gratuity Act, 1972 was cancelled, the second respondent should necessarily recall the order passed by him on 5.2.2008 rejecting Gratuity Case Nos.166 of 2006 to 215 of 2006 and pass orders in the said cases on the merits. In the light of the said submission and Ext.P3 notification issued by the Government cancelling Ext.P2 and in view of Ext.P4 interim order passed by this Court in W.P.(c) No.5008 of 2008 and connected cases, I dispose of this writ petition with the following directions: (i) The order passed by the second respondent on 5.2.2008 rejecting Gratuity Case Nos.166 of 2006 to 215 of 200 in view of Ext.P2 notification dated 21.1.2008 shall stand set aside and the said cases shall stand restored to file; (ii) The second respondent shall issue notice to the respective petitioners in the said cases, afford them and the W.P.(C) No. 1386/2010 4 Kerala State Electricity Board a reasonable opportunity of being heard and pass orders thereon expeditiously and in any event within three months from the date on which the petitioners produce a certified copy of this judgment before the second respondent. P.N.RAVINDRAN Judge vaa