IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 4763 of 2010(U) ------------------------------------- PETITIONER: ------------------- P.SIVASANKARA PILLAI, AGED 65 YEARS, S/O.PARAMESWARAN PILLAI, RESIDING AT PANCHAVADI, EAST KADUNGALLOOR, ALUVA.P.O. BY ADV. MR.K.K.RAJEEV. RESPONDENTS: ------------------------ 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). R2 BY GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 4763 OF 2010 U ----------------------------------------------------------- Dated this the 24th February, 2010. JUDGMENT The petitioner is a retired employee of the Kerala State Electricity Board. He had filed Gratuity Case No:80/2006 for getting the balance gratuity due to him under the Payment of Gratuity Act. However, the second respondent after trial rejected the claim relying on an order issued by the Government. The said order Ext.P2 has been subsequently withdrawn by the Government. This Court has already quashed all proceedings initiated on the basis of the Government order that has been cancelled as stated above. This Court has also directed that the gratuity cases rejected on the basis of the Government Order shall be restored and disposed of on the merits, in accordance with law. The petitioner seeks a similar order. 2. The Govt. Pleader on instructions submits that the second respondent has already restored the gratuity case No: 80/2006 and has posted the same for hearing to 27.2.2010. However, the counsel for the petitioner submits that no notice of the said posting has been received by him. In the above circumstances this writ petition is disposed of directing the petitioner to appear before the WPC 4763/2010 2 second respondent without any further notice on 27.2.2010 and further directing the second respondent to consider gratuity case No: 80/2006 in accordance with law on the merits and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 4763/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: