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. 24543 of 2009(K) -------------------------- PETITIONERS: --------------- 1. BHASKARAN EDAYATH,ASSISTANT EXECUTIVE ENGINEER(RTD),KERALA STATE ELECTRICITY BOARD, "SYAMA",P.O.MUZHAPPILANGAD,KANNUR-670 662. 2. K.P.RAVINDRAN,DRIVER GRADE I(RTD), KERALA STATE ELECTRICITY BOARD,'SOUPARNIKA', P.O.THOTTADA,KANNUR-670007. 3. E.V.SEBASTIAN,LINE MAN(RTD),KERALA STATE ELECTRICITY BOARD,EDASSERI HOUSE,NEAR OIL MILL, P.O.ALAVIL,KANNUR-670008. 4. A.C.PADMALATHA,SENIOR SUPERINTENDENT (RTD),KERALA STATE ELECTRICITY BOARD,'NEST', ELAYAVOOR ROAD,THAZHE CHOVVA.P.O,KANNUR-18. 5. PADMINI.M.E,SENIOR SUPERINTENDENT (RTD), KERALA STATE ELECTRICITY BOARD,VALIYAVALAPPIL HOUSE,KANHIRODE,P.O.KOODALI-670592. 6. K.BALAN,ASSISTANT EXECUTIVE ENGINEER (RTD),KERALA STATE ELECTRICITY BOARD,THUSHARAM HOUSE,POOKOTH STREET,P.O,TALIPARAMBA, KANNUR-670 141. 7. K.GOPINATHAN NAMBIAR,SUB ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'DEEPAM',ELEYAVOOR, P.O.VARAM,KANNUR. 8. E.P.RAVEENDRAN,DEPUTY CHIEF ENGINEER (RTD),KERALA STATE ELECTRICITY BOARD,'ANJALI', PUZHATHI,CHIRAKKAL.P.O,KANNUR. 9. K.O.THOMAS,EXECUTIVE ENGINEER(RTD) KERALA STATE ELECTRICITY BOARD,KUREEKKAL HOUSE, ANGADIKKADAVU.P.O,KANNUR-670 706. 10. A.V.MOHANAN NAMBIAR,DEPUTY CHIEF ENGINEER(RTD),KERALA STATE ELECTRICITY BOARD, 'VINUSMRITHI',P.O.VARAM,KANNUR-670 594. WP(C).No. 24543 of 2009 -2- 11. V.T.SHADULI,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,P.V.HOUSE, K.T. 29/33,KANNUR-3. 12. BASHEER,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'JASMIN'.P.O, AZHIKODE,KANNUR-670009. 13. A.M.SCARIA,FORE MAN(RTD),KERALA STATE ELECTRICITY BOARD,ARUVIKKAL HOUSE,NEDUKULAM,P.O. KULATHUR,(VIA)MAYYIL,KANNUR. 14. M.BALAN,SUB ENGINEER(RTD),KERALA STATE ELECTRICITY BOARD,'SURABHI',ONDEN ROAD, AZHIKODE-270 009. 15. K.GANGADHARAN,WATCH MAN(RTD),KERALA STATE ELECTRICITY BOARD,'SREE SAILAM',BACK OF WOMENS COLLEGE,PALLIKUNNU.P.O,KANNUR-04. 16. A.JANARDHANAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'SUJANYA',MANDEM KUNDU,KEEZHATTOOR,TALIPARAMBA.P.O,KANNUR. 17. C.K.PHALGUNAN,ASST.ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,PRAFULLAS', P.O.KOTTACHERRY,KANNUR DIST-670 601. 18. T.RAJAN,ASST.ENGINEER(RTD),KERALA STATE ELECTRICITY BOARD,'UTHRADAM',NEAR AMMU PARAMBA, THOTTADA.P.O,670 007. 19. K.K.BHASKARAN,SUB ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'USHAS', ELAMPARA.P.O,EDAYANNUR-670 595. 20. K.RAMAKRISHNAN,ASSISTANT ACCOUNTS OFFICER(RTD),KERALA STATE ELECTRICITY BOARD, 'NAVARANG',ANCHARAKANDY,PALAYAM,P.O.MUMBA. 21. K.K.CHACKO,LINE MAN GRADE I (RTD), KERALA STATE ELECTRICITY BOARD,KUNNEL HOUSE, P.O.CHEMBERI,CHALILPARAMBA,KANNUR-670 632. 22. P.O.GANGADHARAN NAMBIAR,SUB ENGINEER (RTD),KERALA STATE ELECTRICITY BOARD, POONTHOTTATHIL HOUSE,MOONUPERIYA, P.O.MUNDALOOR-670 622. 23. C.CHANDRAN,OFFICE ASSISTANT(RTD), KERALA STATE ELECTRICITY BOARD,ARAMKOTTAM, AZHEEKODE SOUTH,KANNUR. WP(C).No. 24543 of 2009 -3- 24. JAYAKRISHNAN.U.P,SUB ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'JYOTHIS',BEHIND MILMA DIARY,KANNUR-670 004. 25. K.RAJAN,SUB ENGINEER(RTD),KERALA STATE ELECTRICITY BOARD,'AISWARYA',P.O.CHALAD EAST, KADACHIRA KANNUR DISTRICT. 26. A.VASU,SUB ENGINEER(RTD),KERALA STATE ELECTRICITY BOARD,BR BYJU NIVAS,PANAYATHAPARAMBU, P.O.MUZHAPPALA,KANNUR. 27. K.HASSAN,OVER SEER(RTD),KERALA STATE ELECTRICITY BOARD,'KADEEJAS',ELEYAVOOR TEMPLE ROAD MUNDAYAD,KANNUR-670 594. 28. G.SHANMUGHAN,OVER SEER(RTD), KERALA STATE ELECTRICITY BOARD,NARAYAMKULAM, PAPPINISSERI. 29. C.BALAKRISHNAN,CHIEF ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'CHAITHANYA', OPP.CHINMAYA,MISSION COLLEGE,THALAP KANNUR. 30. SRI.K.PURUSHOTHAMAN,OVER SEER(RTD), KERALA STATE ELECTRICITY BOARD,KANIYANKANDY HOUSE, NARATH.P.O,ONAPARAMBA. 31. C.P.RAVEENDRAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'SRUTHI', OPP.ELAYAVOOR SERVICE BANK,P.O.MUNDAYAD, KANNUR-670 597. 32. P.JAYADEVAN,OVER SEER(RTD),KERALA STATE ELECTRICITY BOARD,PONNAMBATH HOUSE,CHALA, THOTTADA.P.O,KANNUR-670 006. 33. M.E.PAVITHRAN,JUNIOR ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'SUCHEENDRA', THATTIYODE.P.O,KOODALI-670 592. 34. P.KANAKAVALLY,CONFIDENTIAL ASST(RTD), KERALA STATE ELECTRICITY BOARD,'SOUBHAGYA', THILANOOR,P.O.KAPAD. 35. P.K.VALSARAJAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'ANIZHAM',CHALA, KANNUR. 36. K.JANARDHANAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,CHELLOTTON HOUSE, P.O.ANJAMPEEDIKA,KANNUR. WP(C).No. 24543 of 2009 -4- 37. N.RAMACHANDRAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,DEVAKY KRISHNA, P.O.PAPPINISSERY WEST-670 565. 38. P.MUKUNDAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,PATTERI HOUSE, VELAPURAM,P.O.PAPPINISSERY,KANNUR. 39. K.CHINNAN,ASSISTANT EXECUTIVE ENGINEER (RTD),KERALA STATE ELECTRICITY BOARD,'SOUPARNIKA', ONAPARAMBA ROAD,P.O.CHIRAKKAL,KANNUR-11. 40. V.K.ABDUL RAZAK,OFFICE ATTENDANT(RTD), KERALA STATE ELECTRICITY BOARD,SAJEELAS VILLA, PATTERIPARAMBA,P.O.CHOVVA. 41. M.J.VARGHESE,ASSISTANT EXECUTIVE ENGINEER(RTD),KERALA STATE ELECTRICITY BOARD, 'ROSE BHAVAN',7TH MILE P.O.KUTTIKKOL, TALIPARAMBA-670 141. 42. KELAPPAN.N.K,OVER SEER(RTD),KERALA STATE ELECTRICITY BOARD, 'DEVAKI SADAN',P.O.MUNDALOOR, KANNUR-670 622. 43. K.BALAN,OVER SEER(RTD),KERALA STATE ELECTRICITY BOARD,'RADHA NIVAS',CHORAKULAM, P.O.PODUVACHERI, KANNUR DISTRICT. 44. K.K.GOURI SENIOR SUPERINTENDENT(RTD), KERALA STATE ELECTRICITY BOARD,'SREE DEEPTHI', P.O.THAZHE CHOVVA,KANNUR DISTRICT. 45. C.J.JOHN,LINE MAN(RTD),KERALA STATE ELECTRICITY BOARD,PARAKKAL HOUSE,PALLIKKUNNU, P.O.CHIRAKKAL. 46. C.P.ABDUL HAMEED,ASSISTANT ENGINEER(RTD) KERALA STATE ELECTRICITY BOARD,ASRU MANZIL, MANNA, VALAPATTANAM.P.O,KANNUR-10. 47. E.M.PREMARAJAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'USHA SADAN', P.O.MUMBA,KANNUR-670 611. 48. SRI.P.K.SURENDRAN,ASSISTANT ENGINEER (RTD)KERALA STATE ELECTRICITY BOARD,'SANGEEH', KANNOTHUMCHAL ROAD,KANNUR-670 012. 49. K.V.CHANDRAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,KOOLOTH VALAPPIL HOUSE,KOOLOTH VAZHI,ANCHITAMPEEDIKA-670 331. WP(C).No. 24543 of 2009 -5- 50. E.K.PAVITHRAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,NR.ELEYAVOOR, U.P.SCHOOL,P.O.MUNDAYAD. 51. K.V.CHANDRAN,SENIOR SUPERINTENDENT(RTD) KERALA STATE ELECTRICITY BOARD,'MOON VIHAR', NEAR I.M.U.P.SCHOOL,P.O.IRINAVE,KANNUR DISTRICT. 52. T.SREEDHARAN,ASSISTANT ENGINEER(RTD), KERALA STATE ELECTRICITY BOARD,'VARADA', M.G.ROAD,MATTANNUR.P.O,KANNUR-670 702. 53. M.P.JAYARAJAN,ASSISTANT ENGINEER(RTD) KERALA STATE ELECTRICITY BOARD,'SAPHALYA', VELLACHAL,P.O.MAKRERI-670 622. 54. M.BALAN,SENIOR SUPERINTENDENT(RTD), KERALA STATE ELECTRICITY BOARD,'ASWATHI', SATHRAM ROAD,THILANNUR,P.O.KAPPAD,KANNUR. 55. K.C.RAJAN,SENIOR SUPERINTENDENT(NC)(RTD) KERALA STATE ELECTRICITY BOARD,'RAVINS',MANIYOOR, P.O.CHEKKIKULAM-670 592. 56. K.RAJAN,OVER SEER(RTD),KERALA STATE ELECTRICITY BOARD,KUNIYIL HOUSE, P.O.KANNADIPARAMBA. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): --------------- 1. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE. 2. CONTROLLING AUTHORITY UNDER PAYMANT OF GRATUITY ACT,DISTRICT LABOUR OFFICER, KANNUR. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM. BY SC, KSEB SRI. K.S ANIL GOVT. PLEADER SRI.P.N SANTHOSH 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.24543 of 2009 -------------------------- Dated this the 27th August,2009 J U D G M E N T Petitioners were the employees of KSEB. They retired from service on various dates. They 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.P1 and Ext.P2 series of order dated 15.09.2006 their claims were allowed by the controlling authority. Orders have become final as on date, the Board has not challenged the orders 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 W.P ( C) No.24543 of 2009 2 judgment of the Division Bench of this Court in 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 petitioners in the instant case. 4. Learned counsel for the petitioners submits that the petitioners are retired employees of the Board and serving employees of the Board are not willing to stand as surety. They are 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, they shall refund the amount paid to them. W.P ( C) No.24543 of 2009 3 5. I find force in the submission made by the learned counsel for the petitioners 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 petitioners only claim the benefit of orders passed by the competent authority under the Payment of Gratuity Act. Such orders have become final as on date. Petitioners, retired employees, 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. Petitioners are 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.24543 of 2009 4 Gratuity Act to disburse to the petitioners the amount deposited by the Electricity Board with such authorities as gratuity payable to the petitioners, 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 petitioners execute 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.24543 of 2009 5 W.P ( C) No.24543 of 2009 6