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. 29478 of 2010(H) ----------------------------------------- PETITIONER(S): ----------------------- K. MADHUSUDHANAN, AGED 61,'WEST HILL', SOUMYA NAGAR, EDAPPALLY PO, KOCHI. BY ADV. SRI.S.K.SAJU, SRI.A.RANJITH NARAYANAN. RESPONDENT(S): -------------------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KOZHIKODE- 673 001. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER, CIVIL STATION, KOZHIKODE, PIN- 673 001. 3. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY,VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, 695 004. R1 & R2 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. R3 BY ADV. MR.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: rs. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.29478 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 Payment of Gratuity Act, 1972. As per the order passed in G.C.No.45/2005, the second respondent found that the petitioner is entitled to get the balance of gratuity amount. The same was challenged by the third respondent before the first respondent in appeal. However, the first respondent dismissed the appeal, as is obvious from Ext.P1 order. At the time of filing of the said appeal, the third respondent had deposited the arrears of gratuity payable to the petitioner before the first respondent. Despite the dismissal of the appeal, no action was taken by the first respondent to disburse the gratuity amount already deposited by the third respondent. It is raising grievance against the action on the part of the first and second respondents in not disbursing the arrears of gratuity that this writ petition has been filed. 2. In view of the fact that this Court has already passed orders on similar matters directing the concerned respondent to disburse the balance amount of gratuity on execution of a bond for the equivalent WP(C).No.29478/2010 2 amount by the concerned petitioners, this writ petition is disposed of directing the second respondent to disburse the balance amount of gratuity payable to the petitioner on his executing a bond for the equivalent amount to be disbursed to him. C.T.RAVIKUMAR Judge TKS