IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31832 of 2009(Y)
1. T.KUMARAN,S/O.CHATHU,AGED 67 YEARS,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CONTROLLING AUTHORITY,
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/12/2009
O R D E R
S.SIRI JAGAN,J.
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W.P ( C) No. 31832 of 2009
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Dated this the 22nd December,2009
J U D G M E N T
The petitioner is a retired employee of the Kerala
State Electricity Board. He was paid gratuity in
accordance with the Kerala Service Rules which were
adopted by the Kerala State Electricity Board for their
employees. On the contention that the petitioner is
entitled to payment of gratuity under the Payment of
Gratuity Act, petitioner filed a Gratuity Case before the
2nd respondent Controlling Authority under the payment
of Gratuity Act, who, by Ext.P1 order, allowed the claim
and directed the Electricity Board to pay additional
gratuity to the petitioner. Petitioner’s grievance in this
writ petition is that the amount covered by Ext.P1 has not
been paid to the petitioner.
2. Learned standing counsel appearing for the
Kerala State Electricity Board submits that the amount
covered by Ext.P1 order has been deposited before the
Regional Joint Labour Commissioner, Kozhikode on
21.3.2006.
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3. Learned counsel appearing for the petitioner
submits that even if it has been so deposited, it has not
been disbursed to the petitioner. According to him, on
enquiry, the respondents submitted that the amount
deposited cannot be disbursed since an appeal filed by the
Electricity Board against the judgment which has been
relied on in Ext.P1 for allowing the claim of the petitioner
is pending before the Supreme Court, in which, there is a
stay also.
4. I have heard the learned counsel for the
petitioner, the learned standing counsel for the Electricity
Board and the learned Government Pleader.
5. It is true that the appeal against the judgment
of the Division Bench of this Court holding that the
Payment of Gratuity Act is applicable to the employees of
the Kerala State Electricity Board is pending before the
Supreme Court and the Supreme Court has granted a stay
of operation of the judgment. But a Division Bench of this
Court has in Abdul Rahiman Vs. The District Collector,
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Malappuram [2009 (4) KHC 283] held that even when a
decision of the Division Bench is stayed by the Supreme
Court, the learned Single Judges of this Court are bound by
the ratio of the decision of the Division Bench and in
identical matters coming up before them, the learned
Single Judges are bound to follow the ratio of the said
decision notwithstanding the stay granted by the Supreme
Court. However, a Division Bench of this Court has passed
certain orders to safeguard the interest of the Board in the
event of they ultimately succeeding in the appeal pending
before the Supreme Court.
6. Following those decisions, I dispose of this writ
petition with the following directions.
Even after four months from today, the Board is not
able to get the appeal pending before the Supreme Court
disposed of, the Regional Joint Labour Commissioner,
Kozhikode shall disburse the amount in deposit with him to
the petitioner, on the petitioner executing a bond with two
serving employees of the Board as sureties for due
repayment of the amount in the event of the Electricity
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Board succeeding in the appeal pending before the
Supreme Court. If the petitioner is unable to find serving
employees of the Board as sureties, the amount need be
disbursed only after the appeal is finally disposed of by the
Supreme Court. In that event, the petitioner would be
further entitled to 10% interest on the amount in deposit.
It would also be open to the petitioner to get the amount
released after four months on furnishing security by way
of a Bank Guarantee instead of a bond with two sureties as
directed above.
S.SIRI JAGAN, JUDGE
ma
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