IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 12387 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------- 1. P.Y.MATHAI,S/O.YOYAKI, AGED 65 YEARS, PLACHERIL HOUSE, EAST KDATHI, MUVATTUPUZHA. 2. N.P.THANKAPPAN NAIR, AGED 65 YEARS, S/O.PERUMAL PILLAI, NEDUMPARAKKAL HOUSE, MARIKA P.O., MUVATTUPUZHA. 3. C.N.GOPALAKRISHNAN NAIR, AGED 65 YEARS, S/O.G.C.NARAYANAN NAIR, R/AT NIRMALYAM, MULAVOOR, MUVATTUPUZHA. 4. K.A.OSAMEERA, AGED 65 YEARS, RAHMATH COTTAGE, KALAMPOOR, ERAMALLOOR, MUVATTUPUZHA. 5. K.V.KUTTAPPAN, AGED 65 YARS, SUBITHA BHAVAN, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT. 6. C.K.RAMAN NAIR, AGED 65 YEARS, SREEVILAS, RAMAMANGALAM, MUVATTUPUZHA. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): ---------------------------- 1. KERALA STATE ELECTICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUANANTHAPURAM 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 ITS SECRETARY TO GOVERNMENT, LABOUR AND REHBILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.12387 of 2010 ------------------------------------------- Dated this the 18th day of May, 2010 JUDGMENT The petitioners are retired employees of the Kerala State Electricity Board. They complain that they have not been paid their gratuity. They had filed applications before the second respondent as G.C.Nos.150/2004, 423/2004, 172/2004, 168/2004, 406/2004 and GC 447/2004. The said petitions were allowed as per Ext.P1 order as early as in 2007. However, in spite of Ext.P1 order, the gratuity due to the petitioners have not been paid. The petitioners also complain that the second respondent has not initiated any action for recovery of the amount by taking recourse to the Revenue Recovery Act. Therefore, they have filed this Writ Petition seeking appropriate directions for payment of the amount covered by Ext.P1. 2. The learned Standing Counsel who appears for the Kerala State Electricity Board submits that the amounts have been deposited before the third respondent. It is submitted that against the Division Bench decision of this WPC No.12387/2010 2 Court, the Kerala State Electricity Board has preferred a Special Leave Petition before the Supreme Court which is still pending. Therefore, the counsel submits that the amount may be disbursed only on the petitioners furnishing sufficient security for the same. The learned counsel for the petitioner points out that in similar matters, amounts have been directed to be disbursed on condition that the petitioners furnish security by executing bonds. 3. In the above circumstances, this Writ Petition is disposed of directing the second respondent to disburse the amounts of gratuity found due and payable to the petitioners as per orders in the Gratuity Cases filed by them on condition that the petitioners furnish security to the satisfaction of the second respondent by executing separate bonds. The amounts shall be disbursed as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/