IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 27743 of 2008(C) -------------------------- PETITIONER(S): --------------- 1. P.DAMODARAN, S/O.M.S.DAMODARAN, "VASANTHAM", KRISHNA ROAD, PIRAYIRI POST, PALAKKAD - 678 019. 2. K.V.BALAKRISHNAN, S/O.P.KESAVA MENON, MANJARI, CHERUTHURUTHI POST, THRISSUR DISTRICT. 3. A.PRABHAKARAN, S/O.K.MADHAVAN NAIR, THE NEXT, KALLADIKODE POST, PALAKKAD DISTRICT. 4. C.R.SUNDARAN, S/O.K.RAJAPPAN, ASWATHI, PANDARAKAVU, MANAPPULLIKKAVU, KUNNATHURMEDU POST, PALAKKAD. 5. V.BALAN, S/O.VELAYUDHAN, SREYAS, CHORAKKODE, PERUVEMBA POST, PALAKKAD 678 531. 6. P.N.PEETHAMBARAN, 26/56, SREELAKSHMI, MANAPPULLIKAVU, KUNNATHURMEDU POST, PALAKKAD 678 013. 7. M.SIVASANKARAN, S/O.KRISHNANKUTTY NAIR, KRISHNENDHU, EAST APPAT HOUSE, NALLEPPILLY POST, PALAKKAD DIST. 8. A.FELIX, S/O.P.ANTONYMUTHU, 35A, BHARATHI NAGAR, GANDHIJI ROAD, PODANUR, COIMBATORE DISTRICT. 9. P.J.CHACKOCHAN, S/O.JACOB, PUTHANTHARAYIL HOUSE, CHITTADY POST, PALAKKAD DISTRICT. WP(C).No. 27743 of 2008 10. V.RAVEENDRAN, S/O.K.UNNIKRISHNAN NAIR, XX/59/6, SANDRA APARTMENT, CALVARY ROAD, POOTHOLE POST, THRISSUR - 680 004. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTAM, THIRUVANANTHAPURAM 695 004 REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER), PALAKKAD. 3. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER), THRISSUR. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 GOVERNMENT PLEADER SMT. N. SUDHADEVI SRI. P.P. THAJUDHEEN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.27743 OF 2008 ---------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The petitioners obtained orders from the Controlling Authority under the Payment of Gratuity Act for payment of gratuity due to them on retirement from the service of the Kerala State Electricity Board. The grievance of the petitioners in this writ petition is that although the orders of the Controlling Authority were as early as in August 2007, the amounts due have not been deposited yet. 2. I have heard the learned Standing Counsel for the Kerala State Electricity Board also. On passing of orders by the Controlling Authority, the KSEB has a duty to deposit the amounts, even if they intend to file an appeal against the order of the Controlling Authority. That being so, I do not find any justification for non-deposit of the amounts as ordered by the Controlling Authority. Accordingly, I dispose of this writ petition with a direction to the 1st respondent to deposit the amounts covered by Exts.P1 to W.P.(c)No.27743/08 2 P10 with interest, if not already deposited, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. This is without prejudice to the right of the 1st respondent to file appeals against Exts.P1 to P10, if they can at this point of time do so. On such deposit, the petitioners may approach the 2nd respondent for disbursal of the amount and the 2nd respondent shall consider the request expeditiously. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.27743/08 3