IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 22872 of 2009(D) -------------------------- PETITIONERS: --------------- P.V.MURALEEDHARAN PILLAI, V.V.HOUSE, EDAVANA (PO), ERUNHIKODE, MALAPPURAM (DT). BY ADV. SRI.RAJ MOHAN R.PILLAI RESPONDENTS: --------------- 1. THE SECRETARY, THE KERALA STATE ELECTRICITY BOARD, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM. 2. THE DISTRICT LABOUR OFFICER, MALAPPURAM. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE. BY SC SRI. K.S ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.22872 of 2009 -------------------------- Dated this the 27th August,2009 J U D G M E N T Petitioner was the employee of KSEB. He retired from service on various dates. He approached the controlling authority under the Payment of Gratuity Act for gratuity in terms of the provisions of Payment of Gratuity Act. 2. By Ext.P3 order dated 30.6.2007 his claim was allowed by the 2nd respondent. Order has become final as on date, the Board has not challenged the said order passed by the authorities concerned. 3. A Division Bench of this Court KSEB v. Mohankumar(2008 (3) KLT 73) held that the employees of the Electricity Board are entitled to gratuity under the provisions of Payment of Gratuity Act. There was a direction to deposit the amount. It seems that the Board has preferred an appeal before the Supreme Court. Notice has been issued on the Special Leave Petition and an order on such petition has been passed, points out the learned counsel for the Electricity Board. He also refers to the judgment of the Division Bench of this Court in W.P ( C) No.22872 of 2009 2 W.A.439/2009 directing that the additional gratuity amount found due to the writ petitioner in the said case shall be released to him on him executing a bond along with two serving employees of the Board to refund the amount, if the decision of the apex Court is in favour of the Board. Amount was directed to be released to the writ petitioner within four months from the date of receipt of a copy of the judgment namely 6.4.2009. The Special Leave Petition pending before the Supreme Court is not yet disposed of. Learned counsel for the Board submits that similar direction may be issued in relation to the petitioner in the instant case. 4. Learned counsel for the petitioner submits that the petitioner is a retired employee of the Board and serving employees of the Board are not willing to stand as surety. He is willing to execute the bond that if the Supreme Court ultimately takes a decision holding that the employees of the Board are not entitled to gratuity under the Payment of Gratuity Act, he shall refund the amount paid to him. W.P ( C) No.22872 of 2009 3 5. I find force in the submission made by the learned counsel for the petitioner that the serving employees of the Board may not be likely to stand as a surety for the retired employees and I also take note of the fact that in the instant case, the petitioner only claims the benefit of orders passed by the competent authority under the Payment of Gratuity Act. Such orders have become final as on date. Petitioner, retired employee, cannot be asked to wait for the benefit, because according to the Board, the question of law has been agitated before the Supreme Court. If the Board was aggrieved by the orders passed by the authorities under the Act, Board should have independently challenged the said orders, before this Court. That has not been done. 6. Petitioner is entitled to interest as awarded by the controlling authority under the Act. But in circumstances where the issue regarding the eligibility is pending before the Supreme Court, payment of interest shall be deferred for a specific period. 7. In the result, writ petition is disposed of directing the appellate authority under the Payment of W.P ( C) No.22872 of 2009 4 Gratuity Act to disburse to the petitioner the amount deposited by the Electricity Board with such authorities as gratuity payable to the petitioner, on production of a copy of this judgment. Board shall pay the interest as directed by the competent authority under the Payment of Gratuity Act provided such orders passed by the authorities have become final. Board shall be permitted to six months' time from today to pay the interest and if within the said period, the issue as regards the eligibility of retired employees of the Board to receive gratuity under the Act is yet to be decided by the Supreme Court, then the Board shall pay interest as directed by the competent authority on condition that the petitioner executes a bond agreeing to refund the interest portion, if ultimately the issue is decided in favour of the Board, by the Honourable Supreme Court. Such bond shall be executed on a 50 rupees stamp paper. (V.GIRI,JUDGE) ma W.P ( C) No.22872 of 2009 5 W.P ( C) No.22872 of 2009 6 (V.GIRI,JUDG E) ma W.P ( C) No.22872 of 2009 7 W.P ( C) No.22872 of 2009 8