IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 8887 of 2010(I) -------------------------------------- PETITIONER(S): -------------------------- 1. P.APPUKUTTAN NAIR (APPLICANT IN GC 188/04), AGED 62 YEARS, S/O.K.N.PARAMESWARA PILLAI, RENJINI HOUSE, KIZHAKKEKKARA, MUVATTUPUZHA. 2. E.G.PONNAPPAN, (APPLICANT IN GC 409/04), EDASSERY HOUSE,MARADY, MUVATTUPUZHA. 3. C.V.SREEDHARAN NAIR, (APPLICANT IN GC 458/04), SYAMALA MANDIRAM, MARADY EAST, MUVATTUPUZHA. 4. N.RAJASEKHARAN NAIR, (APPLICANT IN GC 442/04), DEEPTHI, RAJEEV NAGAR, MUVATTUPUZHA. 5. T.M.RADHAKRISHNA ACHARI, (APPLICANT IN GC 455/04), PANCHAKALAYIL HOUSE, THRIKKARIYOOR P.O., MUVATTUPUZHA. 6. M.P.ISSAC, ((APPLICANT IN GC 462/04), MARIKUDIYIL HOUSE, KEEZHILLAM P.O. 7. V.KRISHNAN, (APPLICANT IN GC 375/04), EDAPPATT HOUSE, MANNOOR, KEEZHILLAM. 8. OUSEPH PAULOSE, (APPLICANT IN GC 153/04), THURUTHEL HOUSE, NERYAMANGALAM, ERNAKULAM. 9. M.U.RAVEENDRA DAS, (APPLICANT IN GC 149/04), MANIKKATTUKUDY HOUSE, MEKKADAMBU, MUVATTUPUZHA. 10. C.U.CHERIYAN (APPLICANT IN GC 399/04), NELLIKKAL HOUSE, MUDAVOOR. Kss ..2/- ...2.... WPC.NO.8887/2010 I 11. P.V.GEORGE, (APPLICANT IN GC 380/04), PADINJAREKUDY HOUSE, KEERAMPARA. 12. C.P.MATHAI, (APPLICANT IN GC 414/04), CHUNDATH HOUSE, MEKKADAMBU, MUVATTUPUZHA. BY ADV. SRI.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). 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. R1 BY ADV. SRI. K.S.ANIL, SC, KSEB R2 TO R4 BY GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.8887 OF 2010 ............................................ DATED THIS THE 5TH DAY OF APRIL, 2010 JUDGMENT The petitioners are retired employees of the KSEB. They complain that they have not been paid the gratuity that is due to them. They had filed applications before the second respondent as G.C.Nos.188/2004, 409/04, 458/04, 442/04, 455/04, 462/04, 375/04, 153/04, 149/04, 399/04, 380/04 ad 414/04 for getting the gratuity that is due to them under the Payment of Gratuity Act. All the cases were ordered as per Ext.P1 in the year 2007 itself. According to the petitioners, the orders have become final for the reason that the Board had not filed any appeals against the same. According to the petitioners, in spite of the above, they have not been paid the amount of gratuity due to them till date. 2. The learned standing counsel who appears for the KSEB submits that the amounts have been deposited during July, 2008 itself for preferring appeals. According to the counsel, the amounts have not been deposited for the reason that the matter is pending consideration Wpc 8887/2010 2 of the Supreme Court in an SLP filed by the KSEB. Therefore, it is prayed that the amounts of gratuity may not be released to the petitioners. 3. The learned counsel for the petitioner points out that in similar matters, orders have been issued directing disbursement of the amounts of gratuity deposited by the Board, on the petitioners furnishing security. The above orders have been passed in accordance with the directions contained in the order of the Division Bench in R.P.440 of 2009 and connected cases. 4. In the order of the Division Bench in R.P.440 of 2009 and connected cases, it has been found that, the fact that the matter was pending before the Apex Court does not entitle the Board to retain the amount of gratuity and other retirement benefits of retired employees like the petitioners. Therefore, such retiral benefits have been directed to be disbursed on condition that the petitioners furnish security for the said amounts. 5. In the above circumstances, this writ petition is disposed of directing the second respondent to disburse the amounts of gratuity Wpc 8887/2010 3 found due and payable to the petitioners as per the orders in the gratuity cases filed by them on condition that the petitioners furnish security to the satisfaction of the second respondent by executing a bond. K.SURENDRA MOHAN, JUDGE lgk