High Court Kerala High Court

M.V.Balakrishnan vs Appellate Authority Under The … on 13 November, 2009

Kerala High Court
M.V.Balakrishnan vs Appellate Authority Under The … on 13 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30369 of 2009(M)


1. M.V.BALAKRISHNAN, AGED 65,
                      ...  Petitioner
2. N.K.DAMODARAN,AGED 65,
3. M.K.GOPALAN,AGED 64,'KANCHANA',
4. BHASKARAN NAIR,AGED 66,'BINDU NIVAS',
5. V.P.SREENIVASAN,AGED 69,'REMYA',
6. M.PHILIP,AGED 64,'MAMAMPURATH',
7. ABDUL SHUKKUR,AGED 63,'OASIS',
8. KUNHIKANNAN.C,AGED 65,MANAKKATTU PARAMBA
9. V.S.KOYATTY,AGED 59,DARUL VADEEH,
10. E.DAKSHAYANI,AGED 64,SUDHARSANAM,
11. P.GOPALANKUTTY,AGED 65,THATTARAYIL
12. K.ASOKAN,AGED 64,PARIJATHAM,

                        Vs



1. APPELLATE AUTHORITY UNDER THE PARMENT
                       ...       Respondent

2. CONTROLLING AUTHORITY UNDER THE

3. KERALA STATE ELECTRICITY BOARD,

                For Petitioner  :SRI.S.K.SAJU

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/11/2009

 O R D E R
                               S. Siri Jagan, J.
                =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                        W. P (C) No. 30369 of 2009
                =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                 Dated this, the 13th November, 2009.

                              J U D G M E N T

The petitioners in this writ petition are retired employees of the

Kerala State Electricity Board. They have obtained orders from the

controlling authority and appellate authority under the Payment of

Gratuity Act directing the Board to pay additional gratuity to the

petitioners in accordance with the Payment of Gratuity Act. The

petitioners’ grievance in this writ petition is that the amount of

gratuity deposited before respondents 1 and 2 are not being

disbursed to them. The petitioners therefore seek the following

reliefs:

“1. Issue a writ of mandamus or any other appropriate writ,
order or direction to the first/second respondent to release the
gratuity amount deposited before him forthwith to the petitioners.

2. To direct the respondents to pay the interest accrued on the
balance gratuity amount covered by Ext. P1(a) to P1(k) series
orders passed by the 2nd respondent.

3. To direct the respondents to pay the interest and costs of
this proceedings .”

2. I have heard the counsel for the petitioners, standing counsel

for the Kerala State Electricity Board and the learned Government

Pleader.

3. The issue as to whether for the purpose of payment of

gratuity, the Payment of Gratuity Act is applicable to the Kerala

State Electricity Board was the subject matter of several writ

petitions which were decided in favour of the employees by a learned

Single Judge of this Court holding that the Payment of Gratuity Act is

W.P.C. No. 30369/09 -: 2 :-

applicable to the employees of the Kerala State Electricity Board also.

The matter was taken in appeal before the Division Bench and the

Division Bench confirmed the decision of the learned Single Judge.

The Board has taken the matter in appeal before the Supreme Court

and there is a stay in that case. It is relying upon that stay sorder that

the Kerala State Electricity Board and the State seek to withhold the

payment of gratuity as ordered by the authorities under the Payment

of Gratuity Act.

4. I am of opinion that simply because in one or two cases,

there is a stay by the Supreme Court, the ratio of the decision of the

Division Bench does not cease to be applicable insofar as other cases

are concerned. In fact, a Division Bench of this Court held so in

Abdu Rahiman v. District Collector, Malappuram and another,

2009(4) KHC 283 (D B). That being so, respondents 1 and 2 cannot

now withhold disbursal of the gratuity deposited by the 3rd

respondent before them on the ground of the stay by the Supreme

Court in another case. But, at the same time, some safeguard has to

be made in the event of the Board succeeding in the appeals pending

before the Supreme Court. Accordingly, the writ petition is disposed

of with the following directions:

If there is further delay in disposal of the appeal pending before

the Supreme Court on the expiry of the four months from today, the

amount deposited before respondents 1 and 2 shall be disbursed to

the petitioners on the petitioners’ furnishing a bond with two serving

employees of the Kerala State Electricity Board as sureties for refund

of the amounts so received by them if, ultimately, the K.S.E.B.

succeeds in the appeal before the Supreme Court. If the petitioners

W.P.C. No. 30369/09 -: 3 :-

are unable to find serving employees as sureties, the amount need be

disbursed only after the decision of the Supreme Court. However, if

the Supreme Court decides in favour of the employees, the Board

shall pay 10% interest also on the amounts due to the employees.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.