IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 29423 of 2010(C) ---------------------------------- PETITIONER(S): ------------------- P.N KARUNAKARAN NAIR, PLANTHURUTHIL HOUSE,RAMAMANGALAM, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.K.R.KURUP SRI.C.R.VINOD KUMAR RESPONDENT(S): -------------------- 1. KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, 695 004 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER, ERNAKULAM) CIVIL STATION KAKKANAD KOCHI-30 3. REGIONAL JOINT LABOR COMMISSIONER OFFICE OF THE DISTRICT LABOUR OFFICE CIVIL STATION,KAKKANADU, ERNAKULAM KOCHI 30 R1 TO R3 BY SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.29423 of 2010 ---------------------------- Dated 24th September, 2010 JUDGMENT The grievance of the petitioner, who is a retired employee of the Kerala State Electricity Board, is pertaining to the non-disbursement of gratuity payable to him under the Payment of Gratuity Act, 1972. As per Ext.P1 order, the second respondent found that the petitioner is entitled to get the balance amount of gratuity. However, no action was taken by the first respondent to deposit the balance amount of gratuity payable to the petitioner in terms of Ext.P1 order. Ext.P1 order is dated 26.6.2007. The first respondent has not challenged Ext.P1 order successfully and therefore, the first respondent is bound to comply with the directions in Ext.P1. It is raising grievance against the inaction on the part of the first respondent in depositing the amount in terms of Ext.P1 and the second respondent in not taking action for realizing the amount in terms of Ext.P1 that this Writ Petition has been filed. This Court has already passed orders on similar matters directing the first respondent to deposit the balance amount of gratuity with the second respondent and in turn, directing the second respondent to disburse the same on execution of a bond for the equivalent amount by the concerned petitioners. In this circumstance, this writ petition is WP(C).No.29423/2010 2 disposed of directing the first respondent to deposit the balance amount of gratuity payable to the petitioner in terms of Ext.P1 and, in turn, directing the second respondent to disburse the same to the petitioner on his executing a bond for the equivalent amount to be disbursed to him. It will also be open to the first respondent to disburse the balance amount of gratuity payable to the petitioner on similar conditions. At any rate, such amount due to the petitioner shall be paid to him within a period of six weeks from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS