IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 RP.No. 732 of 2010(A) --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33441/2009 .................... REVIEW PETITIONER(S): WRIT PETITIONERS ----------------------------------------------------- 1. P.K.KARUNAKARAN,AGED 66,PARAVANKANDI HOUSE,THIRUVALLOR PO, KOZHIKODE. 2. R.HAREENDRAN,AGED 65, 'KRISHNALAYAM',PO MOYILOTHARA,KOZHIKODE. 3. K.V.GOVINDANKUTTY NAMBIAR, AGED 64,'VANDANAM' PO VALAYAM,VATAKARA, KOZHIKODE. 4. M.PADMANABHAN NAIR,AGED 66, MORULATH HOUSE,PERUMANNA PO,KOZHIKODE. 5. T.K.SREEDHARAN,AGED 65, THATTANKANDIYIL HOUSE,CHOROD PO, VATAKARA, KOZHIKODE. 6. K.KUNHIKANNAN,AGED 67,'ANASWARA', MUTTUNGAL PO, VATAKARA,KOZHIKODE. 7. A.SREENIVASAN,AGED 64,'SREE GOVINDAM', PARAPPANPOYIL PO,THAMARASSERY,KOZHIKODE. 8. P.BALAKRISHNAN,AGED 63,'REVATHI' CHEMMARATHUR PO,KOZHIKODE. 9. K.SANKARAN,AGED 67,PONMERI HOUSE, MADAPPALLI COLLGE PO,KOZHIKODE. 10. M.NALINI,AGED 66,KUZHIYIL HOUSE, KOYILANDY PO, KOZHIKODE. 11. P.K.RADHAKRISHNAN,AGED 65,KOZHAPPAYIL HOUSE,VENGERI PO,KOZHIKODE. RP.No. 732 of 2010 12. B.KUNHIKRISHNAN NAIR,AGED 62, MEETHAL CHANGADATH HOUSE,PURAKKAD PO, MELADI, KOZHIKODE. BY ADV. MR.S.K.SAJU MR.A.RANJITH NARAYANAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION,KOZHIKODE. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,DISTRICT LABOUR OFFICER,CIVIL STATION,KOZHIKODE. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM. ADV.MR. K.S. ANIL -SC MR. ANTONY MUKKATH – GOVERNMENT PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ---------------------------------- R.P.NO.732 OF 2010 IN W.P.(C) No.33441 OF 2009 ----------------------------------- Dated this the 17th day of September, 2010 ORDER This review petition is filed by the petitioners in the writ petition. By judgment dated 30.11.2009, I directed the respondents to release the additional gratuity amounts due to the petitioners on the petitioners furnishing bonds with two serving employees of the Board as sureties for due repayment of the amounts so disbursed, if ultimately, the Supreme Court decides the case pending before it in favour of the Board. That direction was on the basis of a Division Bench decision imposing such conditions for disbursal of additional gratuity amount to other similarly placed employees. But, now the same Division Bench has reviewed the earlier judgment and has permitted the employees to furnish security to the satisfaction of the respondents or bank guarantee instead of bond by two serving employees of the Board as sureties. The petitioners, therefore, R.P.No.732/10 2 seek review of the judgment in W.P.(C)No.3341/2009 also accordingly. 2. Having heard both sides, I am satisfied that in view of the subsequent Division Bench decision, this can be done. Accordingly, Annexure-A1 judgment is modified to the effect that instead of bond by two serving employees of the Board as sureties, the petitioners may furnish security to the satisfaction of the respondents or bank guarantee for the re-payment of the amounts so released to the petitioners, if ultimately the Supreme Court decides the case pending before it in favour of the Board. The review petition is allowed as above. S. SIRI JAGAN, JUDGE acd R.P.No.732/10 3 R.P.No.732/10 4