IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 4740 of 2011(N) ------------------------- PETITIONER(S): --------------- C.L.DAVY, AGED 64 YEARS, S/O. LATE LONA, ASST. ACCOUNTS OFFICER (RETD.), OFFICE OF THE BUILDING, SUPERVISION UNIT, KSEB, CHALAKKUDI, RESIDING AT BLISS, CHALISSERY HOUSE, COLLEGE ROAD, ELTHURUTH P.O., THRISSUR-680 611. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER), CIVIL STATION, AYYANTHOLE, THRISSUR-680 003. 3. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (REGIONAL JOINT LABOUR COMMISSIONER), CIVIL STATION, KAKKANAD, ERNAKULAM-682 030. BY SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.4740 of 2011 ----------------------------------------- Dated this the 1st March, 2011 JUDGMENT The prayer in this writ petition filed by a former employee of the Kerala State Electricity Board is for an order directing the Board to deposit the amount covered by Ext.P1 order passed by the second respondent, the Controlling Authority under the Payment of Gratuity Act, 1972. When the writ petition came up for hearing today Sri.K.S.Anil, learned standing counsel appearing for the Kerala State Electricity Board, submitted on instructions that challenging Ext.P1 order the Secretary of the Kerala State Electricity Board has filed an appeal before the Regional Joint Labour Commissioner, Ernakulam, the appellate authority constituted under the Payment of Gratuity Act, 1972. In such circumstances as Ext.P1 has not become final, since it has been challenged in appeal by the Kerala State Electricity Board, the relief prayed for by the petitioner cannot now be granted. The only relief that can be granted is to direct the appellate authority under the Payment of Gratuity Act to hear and dispose of the W.P(C) NO.4740/2011 -:2:- appeal filed by the Kerala State Electricity Board from Ext.P1 order expeditiously with notice to the appellant and the respondent therein. I accordingly dispose of the writ petition with a direction to the 3rd respondent to hear and dispose of the appeal, if any, filed by the Secretary, Kerala State Electricity Board, from Ext.P1 order passed by the second respondent in Gratuity Case No.63 of 2004 with notice to the petitioner and the respondent expeditiously and in any event within three months from the date of production of a certified copy of this judgment. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.4740 of 2011 ---------------------------- JUDGMENT 1st March, 2011