IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 4523 of 2008(L) ------------------------- PETITIONER: ------------ P.P.GOPALAKRISHNAN, DEPUTY CHIEF ENGINEER (RETD.), ELECTRICAL CIRCLE, IRINJALAKUDA, NOW RESIDING AT PARAPURATHU KALARICKAL, P & T QUARTERS ROAD, POOTHOLE, THRISSUR-4. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM). BY ADV. SRI.K.S.ANIL, SC, KSEB GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 4523 of 2008 -------------------------- Dated this the 22nd February, 2008 J U D G M E N T Petitioner retired from service on 30.4.2004 as Deputy Chief Engineer. He is aggrieved that the gratuity due to him is yet to be disbursed. There is a dispute as to whether the employees of the Electricity Board are entitled to gratuity in terms of the provisions of the Payment of Gratuity Act or in terms of the provisions of the KSR, which are also applicable to the employees of the Electricity Board. Petitioner had approached this Court earlier for a direction to the Board to pay the gratuity due to him. It is not necessary to refer those aspect in detail. 2. But it is necessary to refer to the fact that as per G.O (P) No.17/2008/LBR dated 21.1.2008 Government had exempted the Electricity Board from the provisions of the Payment of Gratuity Act, 1972. Based on the same, the Board has requested the Labour Commissioner to drop up all actions under the Payment of Gratuity Act involving the Kerala State Electricity W.P ( C) No. 4523 of 2008 2 Board forthwith. In so far as the petitioner is concerned an amount of Rs.3,50,000/- has been deposited by the Board with the Regional Labour Commissioner as evidenced by Exhibit P3. This fact is affirmed by the learned counsel for the Board also. Petitioner pleads his difficulty in approaching the Regional Joint Labour Commissioner - the appellate authority under the payment of Gratuity Act . In view of the Government Order mentioned above, I agree with the submission made by the learned counsel in this behalf. 3. I had requested the learned Government Pleader to ascertain whether there is any objection for the Regional Joint Labour Commissioner to refund the amount deposited with him by the Electricity Board for settling the claims for the gratuity due to the employees of the Electricity Board. 4. On instruction, learned Government Pleader Mr.Bejoy Chandran submits that the amount deposited in this behalf by the Board will be refunded without any delay. Obviously it is to facilitate the Board to settle the claim of persons like the petitioner. W.P ( C) No. 4523 of 2008 3 After hearing the counsel on both sides, the writ petition is disposed of directing the 3rd respondent to withdraw the requisite amount for settling the gratuity amount due to the petitioner. This shall be done without any delay, at any rate, within a period of six weeks from today. At the same time, the 2nd respondent shall pay the amount due to the petitioner by way of gratuity, within a period of six weeks from the date of receipt of a copy of this judgment. It is made clear that the delay, if any, in the Electricity Board receiving the amount from the 3rd respondent shall not stand in the way of amount being paid to the petitioner in the manner aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 4523 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007