IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 15435 of 2010(D) -------------------------- PETITIONERS: --------------- 1. ABDUL SATHAR,AGED 67 YEARS, S/O.SAYD MUHAMMED,BANGLAVUPARAMBIL,ENANALLOR, MUVATTUPUZHA. 2. P.K.KUNJAPPAN,AGED 66 YEARS,S/O.KANNAN, PUTHENPURAYIL,NEAR SUB STATION,KOTHAMANGALAM. 3. K.K.VARGHESE,AGED 69 YEARS,S/O.KURIAKOSE KAYYALAPARAMBIL,ASRAM KUNNU,KIZHAKEKARA, MUVATTUPUZHA. 4. KURIAN,AGED 67 YEARS,S/O.KURIAKOSE, MANDEDATH HOUSE,EZHIPURAM,ARAKKUNNAM, EDAKKATTUVAYAL. 5. R.S.RAJAMBIKA DEVI,AGED 65 YEARS, W/O.N.PRABHAKARAN,LAKSHMI NIVAS,G.H.S.ROAD, MUVATTUPUZHA. 6. K.SARASAMMA,AGED 65 YEARS, W/O.K.P.CHELLAPPAN,EDAKKUDIYIL HOUSE,KADATHI, MEKKADAMBU.P.O,MUVATTUPUZHA. 7. P.VARGHESE,AGED 65 YEARS,S/O.PAILEE, VATHYATE HOUSE,KADATHI,MEKKADAMBU,MUVATTUPUZHA. 8. O.N.PADMANABHAN NAIR,AGED 63 YEARS, S/O.RAMAN NAIR, ONAMTHURUTHIL HOUSE,PERUVA.P.O, VAIKOM,KOTTAYAM DISTRICT. 9. K.V.CHACKO,KUNNAPPILLIL HOUSE, NORTH MARADY,MUVATTUPUZHA. 10. K.P.KARUMBAN,AGED 65 YEARS,S/O.PALAN, KUZHIVELIARIKIL,PAZHOOR.P.O,PIRAVOM, ERNAKULAM. BY ADV. MR.K.K.RAJEEV WP(C).No. 15435 of 2010 2 RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM REPRESENTELD BY ITS SECRETARY. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT(DISTRICT LABOUR OFFICER, ERNAKULAM). 3. REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICE,CIVIL STATION KAKKANADU,ERNAKULAM. 4. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,LABOUR AND REHABILITATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. STANDING COUNSEL MR. K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. --------------------------------------- W.P.(C) No.15435 of 2010 --------------------------------------- Dated this the 20th day of May, 2010 J U D G M E N T The petitioners are retired employees of the Kerala State Electricity Board (K.S.E.B. for short). They complain that they have not been paid the gratuity that is due to them. They have filed Gratuity Case Nos.411/04, 439/04, 169/04, 171/04, 183/04, 192/04, 163/04, 453/04, 448/04, and 356/04 before the second respondent for getting their gratuity in terms of the payment of Gratuity Act from the first respondent. As per Exhibit P1 order, the claims of the petitioners were allowed as early as in the year 2007. In spite of the above, the first respondent has not paid the gratuity amount due to the petitioners. The petitioners also complain, the second respondent has not initiated any action for recovery of the amount by taking recourse to the provisions of the Revenue Recovery Act. Therefore the petitioners seek appropriate orders for W.P.(C) No.15435 of 2010 2 the recovery of the amounts due to them. 2. Learned standing counsel who appears for the KSEB submits that the amounts due to the petitioners have been deposited before the third respondent. He has no objection in the amounts being disbursed to the petitioners. Counsel for the petitioners pointed out that orders have been granted in other similar cases. 3. In the above circumstances, this writ petition is disposed of directing the 2nd respondent to disburse to the petitioners the amount of gratuity that is due and payable to them as per Exhibit P1 on their furnishing sufficient security for the same by executing personal bonds. The amounts shall be disbursed to the petitioners as expeditiously as possible and at any rate within six weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE. rkc