IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 24162 of 2010(U) -------------------------- PETITIONER: --------------- A.A.VARGHESE, AGED 67 YEARS, ALUMKAL HOUSE, PAMPADY.P.O., KOTTAYAM. BY ADV. MR. K.J.SAJI ISAAC DR.ELIZABETH VARKEY RESPONDENTS: --------------- 1. THE DISTRICT LABOUR OFFICER, KOTTAYAM. 2. SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 24162 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of August, 2010 JUDGMENT The petitioner was working as an Assistant Executive Engineer in the KSEB. On his retirement, he has paid Gratuity of Rs. 80,000/- in spite of his eligibility to get a higher amount. There was a dispute as to the eligible extent of the Gratuity to be paid, which has been decided in favour of the petitioner by the controlling authority, under the Payment of Gratuity Act, 1972. It is the case of the petitioner that, in spite of the directions given by the Controlling Authority to the second respondent to disburse an amount of Rs. 2,13,192/- with @ 10 % p.a from the date which it fell due, the amount is still to be disbursed to the petitioner. 2. As borne by the materials on record, it is seen that, the petitioner had approached the Regional Joint Labour Commissioner, Ernakulam; for disbursement of the amount and since the proceedings have already become final, it was let known as per intimation dated 3.6.2010, that no appeal has been preferred by the Board against the order passed by the controlling authority, though the amount has already been deposited and that in the said circumstance, the demand draft for the requisite amount has already been forwarded to the first respondent for disbursing the amount to the petitioner. It was in the W.P. (C) No. 24162 of 2010 : 2 : said circumstances that, the petitioner approached the first respondent and filled Ext. P2 application for releasing the amount, which is stated as pending, and hence is sought to be intercepted. 3. Heard the learned Government Pleader as well. 4. Taking note of the undisputed facts as above, the first respondent is directed to release the amount covered by Exts. P1 and P2 to the petitioner, as expeditiously as possible, at any rate within one week, on executing a 'personal bond' by the petitioner to the satisfaction of the first respondent. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd