IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 5688 of 2011(I) ------------------------- PETITIONER(S): --------------- SCARIA KURIIYPE, AGED 71, S/O. SCARIA, ARAKKAL VEEDU, KADATHI, MARIKALAYILVALAVU, MEKKADAMBU P.O., MUVATTUPUZHA. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER, ERNAKULAM). 3. REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANADU, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 BY GOVT. PLEADER SRI.M.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.5688 of 2011 EXT.P1 TRUE COPY OF THE ORDER DATED 3.8.2010 ON THE FILE OF CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 AND DISTRICT LABOUR OFFICER, ERNAKULAM. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P(C) No. 5688 of 2011 ------------------------------- Dated this the 5th day of September, 2011 J U D G M E N T The petitioner is a former employees of the Kerala State Electricity Board. Upon retirement, he was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after his retirement, relying on the decision of this Court in O.P. No.674 of 2002, the petitioner filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 seeking payment of gratuity in terms of the said enactment. The Board resisted the application raising various contentions. By Ext.P1 order passed on 3.8.2010, the Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity, viz., the sum of Rs.52,337/- with interest at the rate of 10% per annum from the date of the order. This writ petition is filed contending that though Ext.P1 order has become final, till date the amount of gratuity directed to be paid by the Controlling Authority and the interest thereon have not been deposited. In this writ petition, the petitioner seek an order directing the Board to deposit the same. 2. When this writ petition came up for admission-hearing W.P.(C) No.5688 of 2011 2 on 23.2.2011, taking note of the submission made on behalf of the learned counsel for the petitioner that the petitioner is suffering from serious ailments, this Court directed the third respondent to pay to the petitioner, the principal amount of gratuity covered by Ext.P1 order on the petitioner producing a copy of the order and executing a personal bond. When the writ petition came up for hearing today, Sri.K.S.Anil, the learned standing counsel appearing for the Kerala State Electricity Board submitted that the principal amount of gratuity and interest have been paid to the petitioner and nothing survives for consideration in this writ petition. In such circumstances, the writ petition is closed recording the submission of the learned standing counsel for the Kerala State Electricity Board that the amount covered by Ext.P1 order has been disbursed to the petitioner. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.5688 of 2011 JUDGMENT Dated:- 5th September, 2011 --------------------------------------