IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24850 of 2009(A) -------------------------- PETITIONERS: --------------- 1. K.DAMODHARAN,SENIOR SUPERINTENDENT(NC) (RTD)KERALA STATE ELECTRICITY BOARD,RESIDING AT HOUSE NO.18,NARENDRA DEV NAGAR,RAMATHERU.PO, PALLIKUNNU,KANNUR DISTRICT. 2. V.LAKSHMANAN,OFFICE ATTENDENT(RTD), KERALA STATE ELECTRICITY BOARD,RESIDING AT PALAYULLA VALAPPIL,P.O.POCHAPOIKA,KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENTS: --------------- 1. APPELLETE AUTHORITY UNDER PAYMENT OF GRADUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KANNUR. 3. KERALA STATE ELECTRICITY BOARD,REP; BY ITS SECRETARY VAIDYUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.N SANTHOSH FOR R1 & R2 SC-KSEB, SRI.K.S. ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.24850 of 2009 -------------------------- Dated this the 25th August,2009 J U D G M E N T Petitioners were the employees of KSEB. They retired from service on various dates. They approached the controlling authority under the Payment of Gratuity Act for gratuity in terms of the provisions of Payment of Gratuity Act. 2. By Ext.P1 and Ext.P1(a) order dated 15.10.2005 their claims were allowed by the controlling authority. Appeals filed by the Board under Section 7(7) of the payment of Gratuity Act against Ext.P1 and P1(a) were dismissed as per Exts.P2 and P2 (a). Orders have become final as on date. 3. A Division Bench of this Court KSEB v. Mohankumar(2008 (3) KLT 73) held that the employees of the Electricity Board are entitled to gratuity under the provisions of Payment of Gratuity Act. There was a direction to deposit the amount. It seems that the Board has preferred an appeal before the Supreme Court. Notice W.P ( C) No.24850 of 2009 2 has been issued on the Special Leave Petition and an order on such petition has been passed, points out the learned counsel for the Electricity Board. He also refers to the judgment of the Division Bench of this Court in W.A.439/2009 directing that the additional gratuity amount found due to the writ petitioner in the said case shall be released to him on him executing a bond along with two serving employees of the Board to refund the amount, if the decision of the apex Court is in favour of the Board. Amount was directed to be released to the writ petitioner within four months from the date of receipt of a copy of the judgment namely 6.4.2009. The Special Leave Petition pending before the Supreme Court is not yet disposed of. Learned counsel for the Board submits that similar direction may be issued in relation to the petitioners in the instant case. 4. Learned counsel for the petitioners submits that the petitioners are retired employees of the Board and serving employees of the Board are not willing to stand as surety. They are willing to execute the bond that if the W.P ( C) No.24850 of 2009 3 Supreme Court ultimately takes a decision holding that the employees of the Board are not entitled to gratuity under the Payment of Gratuity Act, they shall refund the amount paid to them. 5. I find force in the submission made by the learned counsel for the petitioners that the serving employees of the Board may not be likely to stand as a surety for the retired employees and I also take note of the fact that in the instant case, the petitioners only claim the benefit of orders passed by the competent authority under the Payment of Gratuity Act. Such orders have become final as on date. Petitioners, retired employees, cannot be asked to wait for the benefit, because according to the Board, the question of law has been agitated before the Supreme Court. If the Board was aggrieved by the orders passed by the authorities under the Act, Board should have independently challenged the said orders, before this Court. That has not been done. 6. Petitioners are entitled to interest as awarded by the controlling authority under the Act. But in W.P ( C) No.24850 of 2009 4 circumstances where the issue regarding the eligibility is pending before the Supreme Court, payment of interest shall be deferred for a specific period. 7. In the result, writ petition is disposed of directing the appellate authority under the Payment of Gratuity Act to disburse to the petitioners the amount deposited by the Electricity Board with such authorities as gratuity payable to the petitioners, on production of a copy of this judgment. Board shall pay the interest as directed by the competent authority under the Payment of Gratuity Act provided such orders passed by the authorities have become final. Board shall be permitted to six months' time from today to pay the interest and if within the said period, the issue as regards the eligibility of retired employees of the Board to receive gratuity under the Act is yet to be decided by the Supreme Court, then the Board shall pay interest as directed by the competent authority on condition that the petitioners execute a bond agreeing to refund the interest portion, if ultimately the issue is decided in favour of the Board, by the Honourable W.P ( C) No.24850 of 2009 5 Supreme Court. Such bond shall be executed on a 50 rupees stamp paper. (V.GIRI,JUDGE) ma W.P ( C) No.24850 of 2009 6 W.P ( C) No.24850 of 2009 7