IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 32868 of 2010(G) -------------------------- PETITIONERS: --------------- 1. P.N.VALSALA KUMARI, WIFE OF LATE BALAKRISHNAN NAIR, KALKUNNATHU HOUSE, SIVA PURI ROAD, BEYPORE NORTH.P.O., KOZHIKODE. 2. P.N.VINAYAN, SON OF BALAKRISHNAN NAIR, KALKUNNATHU HOUSE, SIVA PURI ROAD, BEYPORE NORTH.P.O., KOZHIKODE. 3. P.N.SREEVIDYA, DAUGHTER OF BALAKRISHNAN NAIR, KALKUNNATHU HOUSE, SIVA PURI ROAD, BEYPORE NORTH.P.O., KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: --------------- 1. THE SECRETARY, THE KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, (DISTRICT LABOUR OFFICER, KOZHIKODE), CIVIL STATION, KOZHIKODE. 3. APPELLATE AUTHORITY UNDER THE GRATUITY ACT, 1972 AND REGIONAL LABOUR COMMISSIONER, KOZHIKODE, CIVIL STATION, KOZHIKODE. BY STANDING COUNSEL SHRI K.S.ANIL FOR R1 GOVT.PLEADER SHRI K.C.SANTHOSH FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.32868 of 2010 ---------------------------- Dated this the 28th day of October, 2010 JUDGMENT The grievance of the petitioners who are the legal heirs of Sri. Balakrishnan, a retired employee of the Kerala State Electricity Board, is pertaining to the non-disbursement of gratuity payable to them under the Payment of Gratuity Act, 1972. As per the orders passed in G.C.No.418/2004 the second respondent found that the said Balakrishnan was entitled to get the balance of gratuity amount. The same was challenged by the first respondent before the third respondent in appeal. However, the third respondent dismissed the appeal, as is obvious from Ext.P3 order. Despite the dismissal of the appeal, no action was taken by the second respondent to disburse the gratuity amount already deposited by the first respondent. It is raising grievance against the said action on the part of the first and second respondents in not disbursing the arrears of gratuity that this writ petition has been filed. 2. In view of the fact that this Court has already passed WP(C).No.32868/2010 2 orders on similar matters directing the concerned respondent to 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 first respondent to disburse the balance amount of gratuity payable in terms of Ext.P1 to the petitioners on their producing the proof that they are the legal heirs of the deceased Balakrishnan in whose favour Ext.P1 was issued and on their furnishing security by executing bond for the amount to be disbursed to them, within six weeks from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge jma //true copy// P.A to Judge