IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 19596 of 2011(Y) -------------------------- PETITIONER(S): ---------------------- 1. SRI.ABDUL RASHEED,CHIEF ENGINEER(RTD.), "PEEYECH",PALAKKAPARAMBIL,P.O.EDAPPALLY. 2. SMT.V.H.SULAIKA,SENIOR SUPERINTENDENT (RTD.),MOHAMED MANZIL,50/409-B,MANIMALA ROAD, EDAPPALLY.P.O. 3. SRI.K.J.MATHEW,SPECIAL GRADE DRIVER (RTD.),KOLLAMPARAMBIL HOUSE,MARADU.P.O. 4. SMT.V.MEERA BAI,SENIOR SUPERINTENDENT (RTD.),"BHARATHY",MANNAM.P.O,NORTH PARAVUR-683520. 5. SMT.C.R.SNEHALATHA, SENIOR SUPERINTENDENT(RTD.), "SRUTHI",MASTER LANE, VADUTHALA-682023. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY,VYDYUTHIBHAVANAM, PATTOM,THIRUVANANTHAPURAM-695001. 2. THE DISTRICT LABOUR OFFICER(CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT), ERNAKULAM-684018. R1 BY ADV.SRI.K.S.ANIL, SC, KSEB R2 BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19596 of 2011(Y) ------------------------------------- APPENDIX ----------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE B.O.(FB) NO1313/2011(PSI/GRATUITY/TVPM/2006) DATED 24.5.2011. EXT.P2. COPY of the JUDGMENT DATED 7.6.20911 IN WPC NO.14391/2001 AND CONNECTED CASES RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.19596 of 2011 ------------------------------- Dated this the 27th day of July, 2011 J U D G M E N T The petitioners are former employees of the Kerala State Electricity Board. They retired from service on 30.4.2004, 31.5.2000, 23.9.2000, 31.12.2000 and 29.2.2000 respectively. Upon retirement, they were paid terminal benefits including gratuity computed in terms of the provisions contained in the Kerala Service Rules. Later relying on the decision of this Court in O.P.No.674 of 2002 which was later confirmed by the Division Bench in W.A.No.1062 of 2003, the petitioners filed Gratuity Case Nos.4, 5, 6, 7 and 8 of 2005 before the second respondent claiming payment of gratuity in terms of the Payment of Gratuity Act, 1972. The Board has filed objections contending inter alia that it has filed a Special Leave Petition before the Honourable the Supreme Court of India canvassing the correctness of the decision of this Court and the said Special Leave Petition is pending. The Board has now issued Ext.P1 order dated 24.5.2011 whereby it has decided to withdraw the Special Leave Petition filed by it before the Apex Court and to adopt and apply the Payment of W.P.(C) No.19596 of 2011 2 Gratuity Act, 1972 to its employees. It is in the background of these facts that the instant writ petition has been filed for an order directing the Board to deposit the amount of gratuity before the Controlling Authority. The petitioners have also prayed for an order directing the second respondent, the Controlling Authority under the Payment of Gratuity Act, 1972 to dispose of Gratuity Case Nos.4, 5, 6, 7 and 8 of 2005 expeditiously. 2. When the writ petition came up for hearing today, Sri.K.S.Anil, learned standing counsel appearing for the Kerala State Electricity Board and the learned Government Pleader appearing for the second respondent submitted that in view of the Board order evidenced by Ext.P1, the writ petition may be disposed of with a direction to the second respondent to consider and dispose of Gratuity Case Nos.4, 5, 6, 7 and 8 of 2005 expeditiously. I accordingly dispose of the writ petition with a direction to the second respondent to dispose of Gratuity Case Nos.4, 5, 6, 7 and 8 of 2005 expeditiously and in any event within three months from the date of receipt of a copy of this judgment, after notice to and W.P.(C) No.19596 of 2011 3 affording the petitioner and the Board an opportunity of being heard. Needless to say, the second respondent shall bear in mind Ext.P1 order passed by the Board while taking a decision in the matter. P.N. RAVINDRAN, JUDGE. nj.