IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 8968 of 2010(U) --------------------------------------- PETITIONER(S): ------------------------ 1. R.S.RAMASWAMY, SAKTHI HOUSE, NATTUKAL, KOZHINJAMPARA, PALAKKAD. 2. V.PARAMESWARAN, PRASAD NIVAS, VADAKEPADM, CHITTUR , PALAKKAD. 3. A.VASU @ SEKHARAN, CHOZHAN HOUSE, PANAYUR, ATHIKODE, PALAKKAD. 4. C.V.VELAYUDHAN, KONATHUPARA, PANAYUR, ATHIKODE, PALAKKAD. 5. M.JOSEPH, 3/60 DEVANGAPURAM, CHITTUR,PALAKKAD. 6. C.BALAKRISHNAN, CHANGARAN KATTIL, CHERPALASSERY, PALAKKAD. 7. V.K.ABDUL GAFORE,VETTATHU KATTIL HOUSE, THRIKKADERI, PALAKKAD. 8. K.A.GOPALA PILLAI, KANNOLIL HOUSE, KANIYAPURAM, PALAKKAD. 9. M.N.BRADLY, MALIYAKKAL HOUSE, PALAPPURAM, OTTAPALAM, PALAKKAD. 10. P.V.MARY, 4/454, SHEELA NIVAS, KALLEPPULLY, PALAKKAD. 11. K.KRISHNAN, KRISHNA VIHAR, KARINJALIPALLAM, CHITTUR, PALAKKAD. Kss ..2/- ...2... WPC.NO.8968/2010 U 12. A.RADHA DEVI, 23/430, SREEPADHAM, KUNNATHURMEDU, PALAKKAD. 13. K.P.MANIMARAN, KANNANMEDU, KOZHINJAMPARA, CHITTUR, PALAKKAD. 14. A.MURUGANKUTTY, CHANGARACHAMPALAYAM, NATTUKAL, KOZHINJAMPARA, PALAKKAD. 15. S.LALITHA BAI, GOPURA, SANTHI COLONY, CHANDRANAGAR, PALAKKAD. 16. E.GOVINDAN,MANGHAT HOUSE, KOOTTUPATHA, MUNDUR, PALAKKAD. 17. P.S.GOPALAKRISHNAN IYER, KARTHIKA, VELNTHARA, CHITTUR, PALAKKAD. 18. A.SREEKUMARAN, SRUTHI, INDIRA NAGAR, AMBATTUPALAYAM, CHITTUR, PALAKKAD. 19. R.MANI. VADATHODE, VADAKKEPADAM, CHITTUR, PALAKKAD. 20. C.T.MANGALAM, RAYAPPAN STREET, THATHAMANGALAM, CHITTUR, PALAKKAD. 21. K.CHANDRAN, ERAPAKKAL KOLUMBU, VANDITHAVALAM, PALAKKAD. 22. A.CHANDRAN, PANICKATHU HOUSE, CHEMPADAM, THATHAMANGAL, PALAKKAD. 23. M.VENUGOPALAN, 18/370, SANTHOSH,CHETTY STREET, SUPLTANPET, PALAKKAD. 24. K.KRISHNANKUTTY, THACHAMOOCHICKAL HOUSE, VILAYANCHATHANNUR, VILAYANOOR ,PALAKKAD. 25. K.SOMASUNDARAN, NATTUKAL, KOZHINJAMPARA, PALAKKAD. Kss ..3/- ...3.... WPC.NO.8968/2010 U 26. A.NATARAJAN, VADAKKU VEETHI, NATTUKAL, PALAKKAD. 27. M.KUNJU, 13/188. THEKKEGRAMAM, NATTUKAL, CHITTUR , PALAKKAD. 28. K.CHANDRASEKHARAN, 13/141, KOZHIPPARA, CHITTUR, PALAKKAD. 29. C.SANKARANKUTTY, CHANTHANKULANGARA HOUSE, KALEPADAM, PALAKKAD. 30. P.CHAMI,THOTTATHIL HOUSE, THIRUVALATHUR,PALAKKAD. 31. T.K.SALINI, KRISHNAPRABHA, CHITTUR COLLEGE (PO) PALAKKAD. 32. C.K.SAVITHRY, BABY NIVAS, NIVAYAKA COLONY , THAREKKAD, PALAKKAD. 33. C.M.SIVARAMAN NAIR, BABY NIVAS, VINAYAKA COLONY. PALAKKAD. 34. C.R.KALYANAKRISHNAN, GAYATHRY KRIPA, DOUBLE STREET,KODUVAYOOR. 35. N.T.KUTTYKRISHNAN, 8/42, PALLIKULAM ,PIRAYIRY, PALAKKAD. 36. S.ABDUL SALAM, 7/254 ASARITHARA,KOPPAM, PALAKKAD. 37. T.R.DEVASSYKUTTY, THEKKEKARA HOUSE, SELVAPALAYAM, PALAKKAD. 38. P.RADHAKRISHNAN, SAJI NIVAS, INDUSTRIAL ESTATE (PO) PALAKKAD. 39. K.JYOTHI, SOUPARNIKA, HARIKKARA STREET, SULTHANPET, PALAKKAD. 40. P.M.MOHAMMED, POOVANCHERY HOUSE, PALLIKULAM, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C Kss ..4/- ...4.... WPC.NO.8968/2010 U RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP BY ITS SECRETARY TO LABOUR DEPT., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT LABOUR OFFICER (CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT), CIVIL STATION, PALAKKAD. 3. REGIONAL LABOUR COMMISSIONER, CIVIL STATION, KAKKANADU, ERNAKULAM. 4. KSEB REP BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. R4 BY ADV. SRI. P.P. THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.8968 of 2010 ------------------------------------------- Dated this the 31st day of March, 2010 JUDGMENT The petitioners are former employees of the Kerala State Electricity Board who have retired from service on attaining superannuation. They had filed applications before the second respondent for getting gratuity in terms of the Payment of Gratuity Act, which were allowed by Exts.P1 and P2 orders. However, they complain that the balance gratuity has not been paid to them till date. Therefore, they claim appropriate directions for payment of the balance gratuity due to them. 2. As per the directions of the Division Bench in Writ Appeal No.439/2009, the direction was that such balance amount of gratuity should be disbursed to persons like the petitioners on their producing serving employees to execute bonds as security for such payments. However, the said direction has been modified as per order in Review Petition No.440 of 2009 and connected cases as per order dated 15th March 2010. Accordingly, the Division Bench has passed the following directions: “Regarding furnishing of security for the release of DCRG, it is ordered that the Board need not insist for the execution of bonds by two serving employees. If security to the satisfaction of the concerned Controlling Officers is furnished or wpc No.8968/2010 2 bank guarantee is furnished, the amount shall be released to the review petitioners and other similarly placed employees”. 3. In view of the above modified direction, the petitioners are entitled to payment of the balance amount of gratuity due and payable to them on their furnishing sufficient security to the satisfaction of the controlling officer concerned. 4. In the above circumstances, this writ petition is disposed of directing respondents 1 and 2 to deposit the balance amount of gratuity due and payable to the petitioners within a period of six weeks and to disburse the said amounts to the petitioners on their furnishing sufficient security to the satisfaction of the Controlling Officer by producing suitable sureties or on the security of bonds executed by two solvent sureties to the satisfaction of the Controlling Officer. In this case, it is submitted by the counsel for the KSEB that the amounts payable to all the petitioners except five persons have been deposited. Therefore, for deposit of the amounts due to the five persons with respect to whom gratuity amounts have not been deposited, there will be a direction to deposit the amounts due within a period of six weeks. K.SURENDRA MOHAN, JUDGE css/