IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 WP(C).No. 12439 of 2010(D) ---------------------------------------- PETITIONER(S): ---------------------- 1. BABY THOMAS, S/O.THOMAS, CHALATTU HOUSE, OLIYAPPURAM POST, MUVATTUPUZHA. 2. C.T.SIMON, S/O.THOMAS, CHALATTU HOUSE, OLIYAPPURAM POST, MUVATTUPUZHA. 3. P.V.MATHEW, S/O.P.M.VARKEY, PITTAPPILLIL HOUSE, PERUMBALLOOR POST, MUVATTUPUZHA. 4. K.S.SAINUDHEEN, S/O.K.K.SAIDHU, KANNAPARAMBIL HOUSE, MUVATTUPUZHA POST,MUVATTUPUZHA. 5. K.S.MUHAMMED, S/O.K.K.SAIDHU, KANNAPARAMBIL HOUSE, MUVATTUPUZHA POST, MUVATTUPUZHA. 6. THANKAMANI GEORGE, W/O.P.V.PAUL, PARAMBAN HOUSE, MUVATTUPUZHA POST, MUVATTUPUZHA. 7. A.K.PATHROSE, S/O.A.U.KURIAN, AIKARAPARAMBIL HOUSE, OLIYAPPURAM POST, MUVATTUPUZHA. 8. T.J.PAULOSE, S/O.JOSEPH, THUDIYAMPARAMBIL HOUSE, KOOTHATTUKULAM POST, MUVATTUPUZHA. BY ADV. SRI.P.V.SANTHOSH JOSE RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER, ERNAKULAM). 3. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM. R1 BY ADV. SRI.K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 12439 OF 2010 ----------------------------------------------------------- Dated this the 27th April, 2010. JUDGMENT The petitioners are retired employees of the Kerala State Electricity Board. They retired from service on various dates. They had applied to the controlling authority under the Payment of Gratuity Act for getting their gratuity in terms of the provisions of the said Act. Their applications were allowed by the second respondent as per Ext.P1 order as early as in the year 2007. However, they complain that in spite of Ext.P1 order, the balance gratuity due to them as per law has not been paid so far. It is also alleged that the balance amount of gratuity due to them have not even been deposited. In spite of the above, the second respondent has not initiated any recovery proceedings against the KSEB to recover the amount due under Ext.P1. 2. A Division Bench of this Court has held in KSEB v. Mohankumar {2008(3) KLT 73} that the employees of the KSEB are entitled to gratuity under the Payment of Gratuity Act. However, the standing counsel submits that the Board has preferred an appeal before the Supreme Court. My attention is also drawn to the judgment of the Division Bench in W.A 439/2009 directing that the WPC 12439/2010 2 additional gratuity amount found due to the retired employees shall be released only on executing a bond along with two serving employees of the Board, undertaking to refund the amount if the decision of the Apex Court is in favour of the Board. The condition that two serving employees of the Board should stand as sureties has subsequently been modified. 3. In view of the subsequent modification of the conditions for the grant of the additional amount of gratuity, similar matters have been disposed of directing payment of the additional amount on the retired employee executing a bond and producing sufficient security by offering sureties to the satisfaction of the controlling authority. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to deposit the balance amount of gratuity found payable to the petitioners as per Ext.P1 order before the second respondent. There shall be a further direction to the second respondent to disburse the said amounts to the petitioners on their executing individual bonds supported by sufficient security in the form of sureties to the satisfaction of the said authority, WPC 12439/2010 3 within a period of six weeks from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 12439/2010 4