IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 30322 of 2009(I) -------------------------- PETITIONER(S): --------------- C.P.HAREENDRA BABU S/O.DAMODARAN, AGED 62 YEARS,'SREE NILAYAM NEAR KAMAL PEEDIKA,EACHOOR PO, KANNUR DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM PO, THIRUVANANTHAPURAM. 2. THE DISTRICT LABOUR OFFICER,KANNUR. 3. THE REGIONAL JOINT LABOUR COMMISSIONER CIVIL STATION, KOZHIKODE ADV.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.30322 of 2009 ================== Dated this the 10th day of November, 2009 J U D G M E N T The petitioner in this writ petition is a retired employee of the KSEB. The petitioner approached the Controlling Authority under the Payment of Gratuity Act seeking a direction to the Board to disburse the balance gratuity due to the petitioner as per the Payment of Gratuity Act, which was allowed by the Controlling Authority. Although an appeal has been filed by the KSEB against the order of the Controlling Authority, no orders have been passed on the same. In the above circumstances, the petitioner has filed this writ petition seeking a direction to the KSEB to pay to the petitioner the balance gratuity as ordered by the Controlling Authority. 2. It is submitted by the learned standing counsel for the KSEB that the additional gratuity with interest has already been deposited before the authorities under the Act. But it is pointed out that the gratuity amount has been deposited before the Appellate Authority and the interest before the Controlling Authority. The Standing Counsel would submit that the amounts cannot now be disbursed to the petitioner since in respect of similar matters regarding the applicability of the Payment of Gratuity Act to the employees of the KSEB, an appeal is pending before the Supreme Court. 2 3. I have heard both sides. 4. After considering the arguments of both sides, this writ petition is disposed of as follows: The Controlling Authority and the Appellate Authority shall disburse the amounts deposited by the Board in respect of the petitioner's case to the petitioner, subject to the result of the appeal pending before the Supreme Court in similar cases. If the appeal is not disposed of within four months, the amounts shall be disbursed to the petitioner on the petitioner executing a bond with two serving employees of the KSEB as sureties for refund of the amounts so received, if the decision of the Supreme Court in the appeal pending is in favour of the KSEB. However, if the petitioner is not able to find two serving employees as sureties, the amount need be paid if the appeal is dismissed, in which case, interest @ 10% should also be paid on the amounts due. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge