IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 34206 of 2010(A) --------------------------------------- PETITIONER(S): ------------------------ 1. M.BALAN, AGED 70, MALLACHERY HOUSE, MUTTUNGAL P.O., KOZHIKODE. 2. RAGHAVAN KUTTIYERI, AGED 70, PUTHARATTU HOUSE, KURINHALIYODE P.O., VATAKARA, KOZHIKODE DISTRICT. 3. P.ABDULLAKUTTY, AGED 65, SAFA NADUVATHUR P.O., KOYILANDI, KOZHIKODE. 4. M.K.HASSAN, AGED 67, PADATH HOUSE, BEYPORE P.O., KOZHIKODE. 5. K.K.RAVEENDRAN NAIR, AGED 62 'PRATHIBHA', KOLLAM P.O., KOYILANDI, KOZHIKODE. 6. U.T.BALAN, AGED 67, 'OOTHERI THAZHE, PANTHALAYANI P.O., KOYILANDI, KOZHIKODE. 7. E.N.KOMALANGI, AGED 65, 'CHAND', KARAPARAMBU P.O., KOZHIKODE. 8. K.KANARAN, AGED 64, 'KUNIYUMMAL', AVALA P.O., KOZHIKODE. 9. CHANDRI V.K., AGED 68 ELIYAPOYIL HOUSE, VYKKILASSERI P.O., ORKATTERI, KOZHIKODE. BY ADVS. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN W.P.(C) NO.34206/2010 RESPONDENT(S): ------------------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KOZHIKODE - 673 020. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER, CIVIL STATION, KOZHIKODE - 673 020. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 504. R1 & R2 BY GOVT. PLEADER SRI.K.C.SANTHOSHKUMAR R3 BY ADV. SRI.K.S.ANIL, SC KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.34206 of 2010 ---------------------------- Dated this the 12th Day of November, 2010 JUDGMENT The grievance of the petitioners, who are retired employees 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 Ext.P1 series of orders, the second respondent found that the petitioners are entitled to get the balance amount of gratuity. The same was challenged by the third respondent before the first respondent in appeals. However, the first respondent dismissed the appeals, as is obvious from Ext.P2 series of orders. At the time of filing of the said appeals, the Kerala State Electricity Board had deposited the arrears of gratuity payable to the petitioners before the first respondent. Despite the dismissal of the appeals, no action was taken by the first respondent to disburse the gratuity amount already deposited by the third respondent. It is raising grievance against the action on the part of the first and second respondents in not disbursing the arrears of gratuity that this Writ Petition has been filed. In view of the fact that this Court has already passed orders WP(C).No.34206/2010 2 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 second respondent to disburse the balance amount of gratuity payable to the petitioners on their furnishing security by executing bonds for the equivalent amount to be disbursed to each of them. Sd/- C.T.RAVIKUMAR Judge jma //TRUE COPY// P.A to Judge