IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 163 of 2009(Y)
1. A.J.MAXIMILIAN & 2 OTHERS
... Petitioner
Vs
1. K.S.E.BOARD & 2 OTHERS
... Respondent
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent :SRI.N.N.SUGUNAPALAN (SR.)
The Hon'ble MR. Justice V.GIRI
Dated :14/08/2009
O R D E R
V.GIRI, J.
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R.P. No. 163 OF 2009
in
W.P.(C).No.29393 OF 2008
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Dated this the 14th day of August 2009.
O R D E R
Heard learned Counsel for the petitioner and the learned
Standing Counsel for Kerala State Electricity Board. The review
petition was filed seeking a direction to the third respondent in
the writ petition, namely, the appellate authority under the
Payment of Gratuity Act to disburse the amount deposited by the
first respondent Electricity Board towards the gratuity and also
for a direction to the Electricity Board to pay interest on the
gratuity amount covered by Exts.P1 to P3 orders.
2. The writ petition was disposed of recording the
submission that Ext.P1 order is pending in appeal before the
appellate authority and it is therefore open to the writ
petitioners to move the appellate authority for appropriate
orders.
3. The review petition is filed on the premise that no
appeal has been filed against Ext.P1 to P3 orders. This is
evidenced by Annexure – AI.
R.P. No. 163 OF 2009 in W.P.(C).No.29393 OF 2008
2
4. This factual position is now accepted by the learned
Counsel for the Electricity Board also.
In the result, the judgment dated 20.10.2008 is reviewed
and the review petition is allowed. The writ petition is being
disposed of by a separate order.
(V.GIRI)
JUDGE
kkms/