IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 32852 of 2008(J) -------------------------- PETITIONER(S): ------------------ 1. V.K.MUZAMIL, S/O.LATE V.P.KUNHUMOIDEEN, VALIYA PEEDIKAKKAL HOUSE, POST MANGALAM, LAKKIDI, OTTAPALAM TALUK. 2. C.K.RADHAMANI, USHUS, POST KANIPAYYUR, THRISSUR DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): ------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 (DISTRICT LABOUR OFFICER),THRISSUR. ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R1 SRI.K.S.ANIL, SC, KSEB FOR R1 SRI.P.P.THAJUDEEN GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 32852 OF 2008 (J) ==================== Dated this the 2nd day of January, 2009 J U D G M E N T The claim of the writ petitions is for a direction to the 1st respondent to pay the amount of gratuity as ordered by Exts.P1 and P2 orders of the Controlling Authority under the Payment of Gratuity Act. Petitioners case is that Exts.P1 and P2 having become final and binding, the 1st respondent is bound to pay the amount in terms of the said orders. 2. If as stated by the counsel for the petitioners these orders have become final, the 1st respondent cannot get itself exonerated from the liability arising out of Exts.P1 and P2 unless the amount is paid. In view of this, it is directed that it will be open to the 2nd respondent to get the balance of the amount ordered by Exts. P1 and P2 recovered from the 1st respondent if Exts. P1 and P2 have become final. Necessary steps in this regard shall be initiated by the 1st respondent on an expeditious basis on production of a copy of this judgment. 3. Senior counsel for the 1st respondent submits that the principal amount due in terms of Exts. P1 and P2 have been deposited before the concerned Appellate Authority as early as on 11/9/07. If that be so, it will WPC 32852/08 :2 : be open to the petitioners to apply to the said authority and get the amount released in their favour, in which case, necessary orders in this behalf shall be passed without any further delay. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp