IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24857 of 2009(B) -------------------------- PETITIONER(S): --------------- V.G.SREEDHARAN NAIR, ASSISTANT EXECUTIVE ENGINEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KIZHAKKEPAT HOUSE, CHULLIYODE ROAD, CIVIL STATION P.O., CALICUT-20. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. APPELLETTE AUTHORITY, UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE. 2. CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOZHIKODE. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY SC SRI.K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).24857/2009 -------------------- Dated this the 28th day of August, 2009 JUDGMENT Petitioner was an employee of KSEB. He approached the controlling authority under the Payment of Gratuity Act for gratuity in terms of the provisions of Payment of Gratuity Act. He is aggrieved by the inordinate delay in release of the balance amount of gratuity kept in deposit with the Appellate Authority, the 1st respondent, even after dismissal of the appeal filed by the Board in gratuity case relating to the petitioner. The Board has not challenged the orders passed by the authority concerned. 2. A Division Bench of this Court KSEB v. Mohankumar(2008 (3) KLT 73) held that the employees of the Electricity Board are entitled to gratuity under the provisions of Payment of Gratuity Act. It seems that the Board has preferred an appeal before the Supreme Court. Notice has been issued on the Special Leave Petition and an order on such petition has been passed, points out the learned counsel for the Electricity Board. He also refers to W.P.(C).24857/09 2 the judgment of the Division Bench of this Court in W.A.439/2009 directing that the additional gratuity amount found due to the writ petitioner in the said case shall be released to him on him executing a bond along with two serving employees of the Board to refund the amount, if the decision of the apex Court is in favour of the Board. Amount was directed to be released to the writ petitioner within four months from the date of receipt of a copy of the judgment namely 6.4.2009. The Special Leave Petition pending before the Supreme Court is not yet disposed of. Learned counsel for the Board submits that similar direction may be issued in relation to the petitioner in the instant case. 3. Learned counsel for the petitioner submits that the petitioner is a retired employee of the Board and serving employees of the Board are not willing to stand as surety. He is willing to execute the bond that if the Supreme Court ultimately takes a decision holding that the employees of the Board are not entitled to gratuity under the Payment of Gratuity Act, they shall refund the amount paid to them. W.P.(C).24857/09 3 4. I find force in the submission made by the learned counsel for the petitioner that the serving employees of the Board may not be likely to stand as a surety for a retired employee and I also take note of the fact that in the instant case, the petitioner only claims the benefit of orders passed by the competent authority under the Payment of Gratuity Act. Such orders have become final as on date. Petitioner, a retired employee, cannot be asked to wait for the benefit, because according to the Board, the question of law has been agitated before the Supreme Court. If the Board was aggrieved by the order passed by the authority under the Act, Board should have independently challenged the said order, before this Court. That has not been done. 5. Petitioner is entitled to interest as awarded by the controlling authority under the Act. But in circumstances where the issue regarding the eligibility is pending before the Supreme Court, payment of interest shall be deferred for a specific period. 6. In the result, writ petition is disposed of directing the W.P.(C).24857/09 4 appellate authority under the Payment of Gratuity Act to disburse to the petitioner the amount deposited by the Electricity Board with such authority as gratuity payable to the petitioner, on production of a copy of this judgment. Board shall pay the interest as directed by the competent authority under the Payment of Gratuity Act provided the order passed by the authority has become final. Board shall be permitted to six months' time from today to pay the interest and if within the said period, the issue as regards the eligibility of retired employees of the Board to receive gratuity under the Act is yet to be decided by the Supreme Court, then the Board shall pay interest as directed by the competent authority on condition that the petitioner executes a bond agreeing to refund the interest portion, if ultimately the issue is decided in favour of the Board, by the Honourable Supreme Court. Such bond shall be executed on a 50 rupees stamp paper. V.GIRI, Judge mrcs