IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 10089 of 2010(I) --------------------------------------- PETITIONER(S): ------------------------- 1. M.I.JOSE, 62 YEARS, S/O.ITTIARA, MANAVALAN HOUSE, KUZHOOR POST, THRISSUR DIST, PIN: 680 734. 2. M.A.SIMON, 62 YEARS, S/O.M.O.AUGUSTY, MANIKKATHUPARAMBIL HOUSE, MELADOOR POST, THRISSUR DIST, PIN: 680 741. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004 REPRESENTED BY THE SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER), MALAPPURAM. 3. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER), CIVIL STATION,AYYANTHOLE, THRISSUR. 4. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (REGIONAL JOINT LABOUR COMMISSIONER), CIVIL STATION, MALAPPARAMBU, KOZHIKODE. 5. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (REGIONAL JOINT LABOUR COMMISSIONER),CIVIL STATION, KAKKANAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.10089 of 2010 ------------------------------------------- Dated this the 31st day of March, 2010 JUDGMENT The petitioners are former employees of the Kerala State Electricity Board (KSEB for short) who have retired on attaining superannuation. They have been directed to be paid gratuity as per orders in gratuity cases filed by them under the Payment of Gratuity Act. They complain that in spite of such orders, the payments have still not been made. 2. The counsel for the KSEB submits that the entire amounts due to the petitioners have been deposited. However, they may be directed to be disbursed only subject to the conditions stipulated by the Division Bench in the judgment dated 19.3.2010 in R.P.No.440 of 2009 and connected cases. This Writ Petition is accordingly disposed of directing the second respondent to disburse the amounts deposited by the Kerala State Electricity Board on the petitioners producing sufficient security to the satisfaction of the said authority in the form of security bonds executed by two solvent sureties. In this case, the amount of the first petitioner has not been deposited. Therefore, there will be a direction to the petitioners to make the deposit within a period of six weeks. K.SURENDRA MOHAN, JUDGE css/ wpc No.10089/2010 2 In the judgment in WP(C) No.10089/2010 dated 31.3.2010, the words “second respondent” occurring in the second line of the last paragraph are substituted by the words “second and third respondents” and the word “Petitioners” occurring in the 7th line of the same paragraph is substituted by the words “Kerala State Electricity Board” as per order dated 11.6.2010 in I.A.No.7178/2010. sd/- Registrar (Judicial)