IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34864 of 2010(G) --------------------------------------- PETITIONER(S): ----------------------- T.MOHAN BABU, AGED 72 YEARS, S/O.VISHAKAM, THEKKEPATTUPARAMBA, P.O.GOVINDAPURAM, KOZHIKODE-16. BY ADVS. SRI.JIJI THOMAS SRI.RAHUL SHENOY RESPONDENT(S): ------------------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KOZHIKODE. 2. CONTROLLING THE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER, KOZHIKODE. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUDHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. BASANT BALAJI R3 BY ADV.SRI. K.S.ANIL, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.34864 of 2010 ---------------------------- Dated 22nd November, 2010 JUDGMENT The grievance of the petitioner, who is a retired employee of the Kerala State Electricity Board, is pertaining to the non- disbursement of gratuity payable to him under the Payment of Gratuity Act, 1972. As per Ext.P1 order, the second respondent found that the petitioner is entitled to get the balance amount of gratuity. The same was challenged by the third respondent before the first respondent in appeal. However, the first respondent dismissed the appeal, as is obvious from Ext.P3 order. At the time of filing of the said appeal, the Kerala State Electricity Board had deposited the arrears of gratuity payable to the petitioner before the first respondent. Despite the dismissal of the appeal, no action was taken by the first respondent to disburse the gratuity amount already deposited by the third respondent. It is raising grievance against the action on the part of the first and second respondents in not disbursing the arrears of gratuity that this Writ Petition has been filed. In view of the fact that this Court has already passed orders on similar matters directing the concerned respondent to W.P.(C) NO.34864/2010 2 disburse the balance amount of gratuity on execution of a bond for the equivalent amount by the concerned petitioners, this writ petition is disposed of directing the second respondent to disburse the balance amount of gratuity payable to the petitioner on his furnishing security by executing a bond for the equivalent amount to be disbursed to him, within a period of six weeks from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS