IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WA.No. 430 of 2009 --------------------------- AGAINST THE JUDGEMENT IN WPC.33296/2008 Dated 26/11/2008 .................... APPELLANT/FIRST RESPONDENT: ------------------------------------------------- KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTAM, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE & SRI.S.SUJIN RESPONDENTS/WRIT PETITIONERS & RESPONDENTS 2 AND 3: ------------------------------------------------------------------------------------------- 1. N.NARAYANAN THAMPI, S/O.RAMA VARMA RAJA JAYA BHAVANAM, BAPUJI NAGAR, THIRUVANANTHAPURAM. 2. B.SUBHADRAMMA, W/O.T.S.RAVEENDRANATHAN NAIR, BHADRALAYAM, DESOM WEST POST, ALUVA-3. 3. G.SIVANKUTTY, S/O.S.GOVINDAN, KUMARAPU- RAM, MEDICAL COLLEGE POST, TRIVANDRUM 4. M.N.VASUDEVAN PILLAI, S/O.NARAYANA PILLAI, SADASIVAM, CHIRAMUKKU, MANACADU POST TRIVANDRUM. 5. V.N.SANTHOSH KUMAR, S/O.K.K.NARAYANAN TC.3/103, DEVASWAM LANE, KESAVADASAPURAM, TRIVANDRUM. 6. M.SHAHUL HAMEED, S/O.MOHAMMED HANEEFA, 7, RAIBU, KAMALESWARAM, MANACADU POST, TRIVANDRUM. 7. M.MANOHARAN, S/O.K.MADHAVAN NO.27, MANOJ BHAVAN, RANNI LANE, VAZHAYILLA, PEERURKADA POST TRIVANDRUM. 8. D.LEELAKUTTY, W/O.D.GABRIEL, TC.11/632, CHETHANA, DRAINAGE ROAD, MUSEUM WEST TRIVANDRUM-3. 9. K.N.RAJASEKHAR, S/O.K.N.KUNJUKRISHNA PILLAI, TC.14/583, ARAMAM, NANDAVANAM TRIVANDRUM W.A.NO.430/2009 - 2 - 10. K.M.SUKUMARAN, S/O.CHANDU, SANGAMAM, POTHUJANAM ROAD, KUMARAPURAM,TRIVANDRUM 11. K.P.RADHAKRISHNA PANICKER S/O.M.K.RAGHAVAN PILLAI, TC.9/983(3) KRISHNENDU, SASTHAMANGALAM POST., THIRUVANANTHAPURAM-10. 12. E.K.UGRASENAN, S/O.P.KESAVAN, NO.10, ULLOOR GARDENS, THIRUVANANTHAPURAM-11. 13. V.KALIDASAN, S/O.R.VELAYUDHAN, AVANI, KAVALOOR LANE, VATTIYOORKAVU POST, THIRUVANANTHAPURAM-13. 14. M.RATHUNATHAN, S/O.K.V.MADHAVAN, RAKHI, TC.7/1866, THIRUVANANTHAPURAM-11. 15. SAILAJA KUMARY, D/O.M.KRISHNAN, GEETHAVILAS, TC.42/897, MUTHATHARA, TRIVANDRUM. 16. A.RAJENDRAN, S/O.ANANTHAKRISHNAN SANCTA CRUZ NIVAS, PUTHENKADA, THIRUPURAM POST, NEYYATTINKARA-33. 17. A.SAINUDDIN, S/O.AHAMED PILLAI, RFAIJI COTTAGE, MANACADU POST, THIRUVANANTHAPURAM 18. T.SUBASHINI, W/O.EATE B SASIDHARAN, KRISHNALAYAM KUZHIVILA, POONNUMANGALAM, NEMOM POST, TRIVANDRUM. 19. L.HELEENAL, W/O.H.ELIAS, RASHIMI NIVAS KARAKKAMANDAPAM, NEMOM POST, TRIVANDRUM.-20 20. T.BABY, W/O.LATE S.SOMAN, ANJALI NEAR SIVA TEMPLE KOOTAPPANA, NEYYATTINKARA. 21. S.ABDUL KARIM, S/O.N.SAMALABHA LAILA COTTAGE, KARIOD, ARYANADU POST TRIVANDRUM. 22. N.PARAMESWARAN NAIR, S/O.P.N.NARAYANAN NAIR, KAYYALAM, ATHANI ROAD, KAITHAMUKKU, TRIVANDRUM-24. 23. G.MOHAN, S/O.M.GOPALA PILLAI, VISAKH, TC.15/84, VELLAYAMBALAM,TRIVANDRUM. 24. K.SASIDHARAN, S/O.K.KOCHU KUNJU, 5/147, SOUPARNIKA, KALLUPALAM ROAD, ANKAMALI-683572 25. S.ANDREW, S/O.SABARIMUTHU PILLAI, FLAT.NO.CFE-328 THILAK NAGAR, NALANCHIRA POST, TRIVANDRUM. 26. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, (DITRICT LABOUR OFFICER), TRIVANDRUM. W.A.NO.430/2009 - 3 - 27. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (REGIONAL JOINT LABOUR COMMISSIONER) KOLLAM. ADV. SMT.T.D.RAJALAKSHMI FOR R1 TO 5 SRI.R.SREEHARI FOR R1 TO R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2009 ALONG WITH W.A.NO.429/2009 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.Nos.429, 430, 523 & 887 of 2009 ------------------------------------------ Dated, this the 6th day of July, 2009 JUDGMENT Kurian Joseph, J. The issue raised in these writ appeals pertains to the claim made by the writ petitioners for additional gratuity. A similar issue was considered by this Court in K.S.E.B. v. Mohankumar (2008 (3) KLT 73) and it has been held that the employees like the writ petitioners are eligible for additional gratuity. 2. Learned senior counsel appearing for the appellants submits that the matter had been taken up to the Supreme Court and the Supreme Court has stayed the operation of the judgment. Thereafter the matter again came up for consideration before another Division Bench of this Court in W.A.No.439 of 2009 and by judgment dated 6th April, 2009 it has been held as follows: “We are in respectful agreement with the law laid down by this Court in K.S.E.B. v. Mohankumar (supra) and therefore the writ appeal is liable to be dismissed. But, it is ordered that if the appeal filed W.A.No.429/2009, etc. - 2 - by the K.S.E.B. is allowed by the Apex Court, the respondent herein (writ petitioner) will also be bound by the law declared by the Apex Court and he will be entitled to receive gratuity in accordance with that decision only. It is also ordered that if the appeal is not disposed of by the Apex Court, within four months from today, the additional gratuity amount found due to the respondent/writ petitioner shall be released to him immediately thereafter on his executing a bond along with two other serving employees of the K.S.E.B. to refund the amount, if decision of the Apex Court is in favour of the K.S.E.B.” 3. The writ petitioners pray that these writ appeals also may be disposed of in terms of the directions extracted above. Ordered accordingly. These writ appeals are disposed of in terms of the judgment extracted by us above. Sd/- S.R.Bannurmath, Chief Justice Sd/- Kurian Joseph, Judge vns The words “additional gratuity” occurring in the first sentence of W.A.No.429/2009, etc. - 3 - the judgment dated 06/07/2009 in W.A.429/2009 and connected cases are substituted by the words “interest on gratuity”, as per order dated 12/08/2009 in IA 730/2009 in W.A.430/2009 and I.A.731/2009 in W.A.523/2009. Sd/- Registrar (Judicial)