IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 27013 of 2008(N) ----------------------------------- PETITIONERS : ----------------- 1. M.DASAN, S/O.MADHAVAN 62 YEARS,CHERIYODATHU HOUSE PUTHENCRUZ, ERNAKULAM. 2. I.M.PONNAPPAN, S/O.MADHAVAN, 65 YEARS INCHAKKALKUDY HOUSE, VADIYANPADY, ERNAKULAM. 3. K.K.NARAYANAN, S/O.KUNJAN 60 YEARS, KARTHEDATH HOUSE KADAMATTOM, ERNAKULAM. 4. P.O.YOHANNAN, S/O.OUSEPH, 63 YEARS POOPANA HOUSE VADIYANPADY, ERNAKULAM DISTRICT. 5. V.V.PAULOSE, S/O.VARGHESE AGED 63 YEARS, VATTAPARAMBIL, PARIYARAM, PUTHENCRUZ. 6. V.K.BHALGUNAN, S/O.KRISHNAN, 63 YEARS, VYRATTEL, ARUKANDATHIL, KOLENCHERY. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENTS : ------------------ 1. KERALA STASTE ELECTRICITY BOARD REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM PO. TRIVANDRUM. 2. THE CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER) DEPARTMENT OF LABOUR , CIVIL STATION, KAKKANAD, ERNAKULAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB - R1 SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.27013 of 2008 -------------------------- Dated this the 22nd September, 2008 J U D G M E N T Petitioners are retired employees of the Kerala State Electricity Board. After retirement, they approached the Controlling Authority under the Payment of Gratuity Act for disbursal of gratuity due to them. By Exhibits P1 order, the Controlling Authority directed the Electricity Board to pay the balance amount of gratuity due to them with interest thereon as provided in Exhibit-P1. Petitioners complain that although Exhibit-P1 was passed as early as on 20.8.2007, respondents have not paid the gratuity amount. 2. Learned standing counsel appearing for the KSEB submits that the Board is contemplating filing an appeal against Exhibit-P1 order. Whether they are contemplating filing of an appeal or not, either way, they are liable to deposit the gratuity as ordered by the Controlling Authority. Therefore, without prejudice to the W.P ( C) No.27013 of 2008 2 right of the petitioners to challenge Exhibit-P1 order, if the Board can do so at this point of time, there would be a direction to the respondents to deposit the gratuity amount as ordered in Exhibit-P1 within a period of one month from today. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.27013 of 2008 3 W.P ( C) No.27013 of 2008 4 (V.GIRI,JUDGE) ma W.P ( C) No.27013 of 2008 5 W.P ( C) No.27013 of 2008 6