T.Mohan Babu vs Appellate Authority Under The on 22 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34864 of 2010(G)


1. T.MOHAN BABU, AGED 72 YEARS,
                      ...  Petitioner

                        Vs



1. APPELLATE AUTHORITY UNDER THE
                       ...       Respondent

2. CONTROLLING THE AUTHORITY UNDER

3. KERALA STATE ELECTRICITY BOARD,

                For Petitioner  :SRI.JIJI THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :22/11/2010

 O R D E R
                          C.T.RAVIKUMAR, J.
                        ----------------------------
                       W.P.(C)No.34864 of 2010
                        ----------------------------
                     Dated 22nd November, 2010

                               JUDGMENT

The grievance of the petitioner, who is a retired employee

of the Kerala State Electricity Board, is pertaining to the non-

disbursement of gratuity payable to him under the Payment of Gratuity

Act, 1972. As per Ext.P1 order, the second respondent found that the

petitioner is entitled to get the balance amount of gratuity. The same

was challenged by the third respondent before the first respondent in

appeal. However, the first respondent dismissed the appeal, as is

obvious from Ext.P3 order. At the time of filing of the said appeal, the

Kerala State Electricity Board had deposited the arrears of gratuity

payable to the petitioner before the first respondent. Despite the

dismissal of the appeal, no action was taken by the first respondent to

disburse the gratuity amount already deposited by the third

respondent. It is raising grievance against the action on the part of

the first and second respondents in not disbursing the arrears of

gratuity that this Writ Petition has been filed.

In view of the fact that this Court has already passed

orders on similar matters directing the concerned respondent to

W.P.(C) NO.34864/2010 2

disburse the balance amount of gratuity on execution of a bond for

the equivalent amount by the concerned petitioners, this writ petition

is disposed of directing the second respondent to disburse the balance

amount of gratuity payable to the petitioner on his furnishing security

by executing a bond for the equivalent amount to be disbursed to him,

within a period of six weeks from the date of receipt of a copy of this

judgment.

C.T.RAVIKUMAR
Judge

TKS