IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 26493 of 2010(J) ------------------------------------ PETITIONER(S): ----------------------- C.CHANDU, AGED 67 YEARS, SO OF UNNIANAN, CHERAL HOUSE, P.O.K OLATHARA, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): ------------------------ 1. THE SECRETARY, THE KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM-695004. * ADDL.R2 & R3 IMPLEADED ADDL.R2: CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 ( DISTRICT LABOUR OFFCER, KOZHIKODE) ADDL.R3: APPELLATE AUTHORITY UNDER THE GRATUITY ACT, 1972 AND REGIONAL LABOUR COMMISSIONER, KOZHIKODE CIVIL STATION, KOZHIKODE. ARE IMPLEADED AS PER ORDER DT 28/9/10 IN IA. 12152/10. R1 BY ADV. SRI. K.S.ANIL R2 & R3 BY GOVERNMENT PLEADER ADV. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.26493 of 2010 ---------------------------- Dated this the 6th day of October, 2010 JUDGMENT The grievance of the petitioner, who is retired employee of the Kerala State Electricity Board, is pertaining to the non-disbursement of gratuity payable to him under Payment of Gratuity Act, 1972. As per the orders passed in G.C.No.471/2004 the second respondent found the petitioner 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.P1 order. At the time of filing of the said appeal, the first respondent had deposited the arrears of gratuity payable to the petitioner before the second respondent. Despite the dismissal of the appeal, no action was taken by the first respondent to disburse the gratuity amount already deposited by the second respondent. It is raising grievance against the said action on the part of the second and third respondents in not disbursing the arrears of gratuity that this writ petition has been WP(C).No.26493/2010 2 filed. 2. In view of the fact that this Court has already passed 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 to the petitioner on executing bond for the equivalent amount to be disbursed to him, within six weeks from the date of receipt of copy of this judgment. Sd/- C.T.RAVIKUMAR Judge jma //true copy// P.A to Judge