IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 23812 of 2010(B) --------------------------------------- PETITIONER(S): ------------------------ 1. B.RAVEENDRAN NAIR, AGED 61 YEARS, S/O.BALAKRISHNA PILLAI, VADAKKEKARA HOUSE, KIZHILLAM, ERNAKULAM. 2. ITTAN VARGHESE (DIED) REPRESENTED BY LEGAL HEIR SMT.SARAMMA VARGHESE, W/O.LATE ITTAN VARGHESE, AGED 61 YEARS, CHUNDAYIL, MEKKADAMBU, MUVATTUPUZHA. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): ----------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER, ERNAKULAM.) 3. REGIONAL JOINT LABOUR COMMISSIONER OFFICE OF THE DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANADU, ERNAKULAM. 4. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL KUMAR, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 23812 OF 2010 B ----------------------------------------------------------- Dated this the 5th August, 2010. JUDGMENT The petitioners are retired employees of the Kerala State Electricity Board ('KSEB' for short). They had retired from service on attaining superannuation after completing long periods of service. Since they were not paid their gratuity, they approached the second respondent by filing gratuity cases, G.C.Nos: 443/04 and 417/04 respectively for payment of gratuity in accordance with the provisions of the Payment of Gratuity Act, 1973 (the 'Act' for short). The second petitioner expired on 5/8/2007 and is represented herein by his wife who is his legal heir. As per Ext.P3 order, the gratuity cases filed by the petitioners were allowed as early as in the year 2007. However they complain that the gratuity amounts have not been paid so far. 2. Adv. K.S. Anil who appears for the first respondent submits that the entire amount of gratuity due to the petitioners has been deposited before the third respondent as early as in August 2008. He has no objection in the amount being disbursed to the petitioners on the petitioners furnishing security for such payment by executing personal bonds. WPC 23812/2010 2 3. In the above circumstances this writ petition is disposed of directing respondents 2 and 3 to pay to the petitioners the balance amount of gratuity due to them as per Ext.P3 order as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, on the petitioners furnishing security for such payment by executing personal bonds. K. SURENDRA MOHAN Judge jj WPC 23812/2010 3