IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 RP.No. 730 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30369/2009 .................... REVIEW PETITIONER(S): WRIT PETITIONERS -------------------------------------- 1. M.V.BALAKRISHNAN,AGED 65 YEARS, 'SANGAMAM',THANDORAPPARA.P.O,KAYANNA, PERAMBRA,KOZHIKODE. 2. N.K.DAMODARAN,AGED 65 YEARS, 'PANDARAKKANDIYIL HOUSE',KOLLAM.P.O, KOYILANDY,KOZHIKODE. 3. M.K.GOPALAN,AGED 64,'KANCHANA', KOLLAM.P.O,KOYILANDY,KOZHIKODE. 4. BHASKARAN NAIR,AGED 66 YEARS, 'BINDU NIVAS', PURAMERI.P.O,KOZHIKODE. 5. V.P.SREENIVASAN,AGED 69 YEARS, 'REMYA',MEPPARAMBATH,PUTHIYANGADI.P.O, KOZHIKODE. 6. M.PHILIP,AGED 64 YEARS, 'MAMAMPURATH',THEYYAPPARA.P.O,KODENCHERRY, KOZHIKODE. 7. ABDUL SHUKKUR,AGED 63 YEARS, 'OASIS',VELLIMADUKUNNU.P.O,KOZHIKODE. 8. KUNHIKANNAN.C,AGED 65 YEARS, MANAKKATTU PARAMBU,WEST HILL.P.O, KOZHIKODE. 9. V.S.KOYATTY,AGED 59 YEARS,DARUL VADEEH, THALANCHERY PARAMBA,PANNIYANKARA, KALLAI.P.O,KOZHIKODE. 10. E.DAKSHAYANI,AGED 64 YEARS, SUDHARSANAM,ARAKKINAR.P.O, KOZHIKODE. 11. P.GOPALANANKUTTY,AGED 65 YEARS, THATTARAYIL HOUSE,EDAKKAD.P.O,KOZHIKODE. 12. K.ASOKAN,AGED 64 YEARS, PARIJATHAM,MARIKUNNU.P.O,KOZHIKODE. BY ADV. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN RESPONDENT(S): --------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,REGIONAL JOINT LABOUR COMMISSIONER CIVIL STATION,KOZHIKODE. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,DISTRICT LABOUR OFFICER, CIVIL STATION,KOZHIKODE. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.P.NARAYANAN ADV.K.S.ANIL, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.SIRI JAGAN, J. ================== R.P.No. 730/2010 in W.P.(C).No. 30369/2009 ================== Dated this the 13th day of August, 2010 O R D E R This review petition is filed by the petitioners in the writ petition seeking review of my judgment dated 13.11.2009. The subject matter of the writ petition relates to payment of additional gratuity due to the petitioners as computed by the authorities under the Payment of Gratuity Act. In respect of the subject matter, a special leave petition is pending before the Supreme Court. Therefore, in the judgment, following a Division Bench decision, I directed disbursal of the amounts of gratuity to the petitioners on the petitioners furnishing a bond with two serving employees of the Kerala State Electricity Board as sureties for refund of the amounts so received by them, if ultimately the KSEB succeeds in the appeal before the Supreme Court. That was because in the Division Bench decision such a condition was incorporated in similar cases. But the petitioners now submit that the Division Bench themselves have in Annexure A3 judgment reviewed that condition and directed as follows: “3. Regarding furnishing of security for the release of DCRG, it is ordered that the Board need not insist for the execution of bonds by two serving employees. If security to the satisfaction of the concerned Controlling Officers is furnished or bank guarantee is furnished, the amount shall be released to the review petitioners and other similarly placed employees.” The petitioners seek similar relief in this review petition also. 2. I have heard the learned counsel for the review petitioners, r.p.730/10 2 the learned Government Pleader and the learned standing counsel for the Electricity Board. 3. Now that the Division Bench has modified their earlier order, it is only appropriate that the petitioners herein also be given the very same benefit. Accordingly, I direct that the Controlling Authority need not insist on serving employees as sureties for the purpose of release of the gratuity amounts. Instead, if the security to the satisfaction of the Controlling Authority is furnished or bank guarantee is furnished, the amounts shall be released to the review petitioners. In order to enable the controlling authority to ascertain whether the Electricity Board has deposited the amounts before the Controlling Authority, the Electricity Board shall produce copies of the chalan for deposit of the amounts due to the petitioners within one week from the date of receipt of a copy of this order. The amount shall be disbursed within two weeks from the date of receipt of a copy of this order. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge