High Court Kerala High Court

K. Saseendran vs The Kerala State Electricity … on 14 December, 2009

Kerala High Court
K. Saseendran vs The Kerala State Electricity … on 14 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31579 of 2009(N)


1. K. SASEENDRAN, SREEDEVI NIVAS,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE SECRETARY, THE KERALA STATE

3. THE CONTROLING AUTHORITY UNDER

                For Petitioner  :SRI.K.MANOJ CHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :14/12/2009

 O R D E R
                             S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                    W. P (C) No. 31579 of 2009
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                Dated this, the 14th December, 2009.

                           J U D G M E N T

The petitioner is a retired employee of the Kerala State

Electricity Board. Taking the contention that he is eligible for

payment of gratuity under the Payment of Gratuity Act, the petitioner

approached the 3rd respondent-controlling authority under the

Payment of Gratuity Act and obtained Ext. P1 order for payment of

additional gratuity. The petitioner has filed this writ petition

complaining that the amounts covered by Ext. P1 has not been given

to the petitioner.

2. On 23-11-2009, the learned standing counsel for the Kerala

State Electricity Board submitted before me that the amount of

gratuity has already been deposited before the Regional Labour

Commissioner, Ernakulam in July, 2007. Accordingly, I directed the

learned Government Pleader to get instructions as to whether the

amount has been so deposited and if deposited, why the same was

not disbursed to the petitioner. Today, the learned Government

Pleader submits that the amount has been so deposited, but it could

not be disbursed to the petitioner since the Electricity Board

informed that in respect of similar matters, the Supreme Court had

passed an order of stay.

3. The order of stay by the Supreme Court is against the

judgment of the Division Bench of this Court holding that Payment of

Gratuity Act is applicable to the Kerala State Electricity Board. A

Division Bench of this Court has, in Abdu Rahiman v. District

Collector, Malappuram & another, 2009 (4) KHC 283 (DB) held

that even when a Division Bench decision of this Court is stayed by

the Supreme Court, learned Single Judges of this Court are bound by

the ratio of that decision when considering similar other matters.

Further, another Division Bench had passed certain orders to

W.P.C. No. 31579/09 -: 2 :-

safeguard the interest of the Board, if, ultimately, the Supreme Court

decides the case in favour of the Board. Accordingly, considering all

these factors, I dispose of this writ petition with the following

directions.

If, even after four months from today, the appeal before the

Supreme Court remains undisposed of, the amount covered by Ext.

P1 shall be released to the petitioner by the Regional Joint Labour

Commissioner, Ernakulam on the petitioner executing a bond with

two serving employees of the Board as sureties for due repayment of

the amount so received, if, ultimately the Supreme Court decides the

case pending before it in favour of the Board. If the petitioner is

unable to get any serving employee as surety, the amount need be

disbursed only after the Supreme Court finally disposes of the appeal

pending before it. However, in that event, the petitioner would be

entitled to get interest at the rate of 10% p.m. on the amount in

deposit before the Regional Joint Labour Commissioner.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge