IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 17971 of 2010(V) ---------------------------------------- PETITIONER(S): ------------------------- 1. K.M.HABIBULLAH, AGED 66 YEARS, S/O.K.K.MUHAMMED GANI, KANJIRATHINGAL, MUVATTUPUZHA. 2. P.A.RAMAN, AGED 70 YEARS, S/O. ACHUTHAN, ASARIMATTEL, PUTHENPURAYIL, KAVANA, VAZHAKKULAM, ERNAKULAM. 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 COMMISSIONR, OFFICE OF THE DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANADU, ERNKAULAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR AND RAHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI. K.S ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO. 17971 OF 2010 ............................................ DATED THIS THE 11TH DAY OF JUNE, 2010 JUDGMENT The petitioners are retired employees of the Kerala State Electricity Board (KSEB for short). Their complaint is that they have not been paid their gratuity in accordance with the law. They had filed gratuity case Nos.404 of 2004 and 457 of 2004 respectively before the second respondent for getting the balance gratuity due to them under the Payment of Gratuity Act, 1973. As per Ext.P1 order, the second respondent directed the KSEB to pay the balance amount to each of the petitioners within 30 days of receipt of the order. According to the petitioners, the said order has not been complied with by the KSEB, till date. As per the judgment of the Division Bench of this court reported in KSEB V. Mohan Kumar (2008(3) KLT 73), it has been held that the KSEB is also governed by the provisions of the Payment of Gratuity Act for the payment of gratuity. The petitioners complain that the second respondent has not taken any action to recover and pay to them the balance amount due. Wpc 17971/2010 2 2. Adv.K.S.Anil, Standing counsel for KSEB submits that the entire amount due to the petitioners has been deposited by them before the third respondent in August, 2008. It is also submitted that the KSEB has no objection in the amount being disbursed to the petitioner on their furnishing sufficient security for the same. 3. The counsel for the petitioner points out that other writ petitions filed by similarly placed persons have been allowed and that the amounts have been directed to be disbursed to them. 4. In the above circumstances, this writ petition is disposed of directing the second and third respondents to disburse to the petitioners, the balance amount of gratuity due to them as per the order of the second respondent, evidenced herein by Ext.P1. The amounts shall be disbursed as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a copy of this judgment, on the petitioners executing bonds as security for such payment. K.SURENDRA MOHAN, JUDGE Wpc 17971/2010 3 lgk