T.V.George vs Kerala State Electricity Board on 13 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21821 of 2010(C)


1. T.V.GEORGE, AGED 65 YEARS,
                      ...  Petitioner
2. JOHN M.NINAN, MADAMBISERIL,
3. LALITHAMMA JACOB, MADAMBISERIL HOUSE,

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. CONTROLLING AUTHORITY UNDER THE

3. REGIONAL JOINT LABOUR COMMISSIONER,

4. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.K.K.RAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :13/07/2010

 O R D E R
                K.SURENDRA MOHAN, J.
             -------------------------------------------
                W.P.(C) No.21821 of 2010
             -------------------------------------------
              Dated this the 13th July, 2010

                          JUDGMENT

The petitioners are retired employees of the Kerala

State Electricity Board (‘KSEB’ for short). They have

retired from service during the year 2000-2001 on

attaining superannuation. However, they were not paid

gratuity in accordance with the provisions of the Payment

of Gratuity Act, 1973. Therefore, they approached the

second respondent by filing G.C.Nos.472 of 2004, 367 of

2004 and 368 of 2004 respectively for getting their

balance gratuity. As per Ext.P2 order, the petitioners have

been granted the amount of gratuity due to them by the

second respondent. Meanwhile, the third petitioner died

and the second petitioner is his legal heir. The petitioner

seeks payment of the gratuity due to them.

2. Adv.K.S.Anil who appears for the KSEB submits

that the entire amount has been deposited with the third

respondent and that the balance amount of gratuity could

be paid to the petitioners on their executing bonds as

wpc No.21821/2010 2

security for such payments. The counsel for the petitioner

points out that such orders have been granted by this

Court in other Writ Petitions filed by similarly placed

retired employees.

3. This Writ Petition is accordingly disposed of

directing the second respondent to disburse to the

petitioners the amount of gratuity found due to them as

per Ext.P2 order on their furnishing security for such

payment by executing personal bonds. The payment as

directed above shall be made as expeditiously as possible

and at any rate within a period of six weeks from the date

of receipt of a copy of this judgment.

K.SURENDRA MOHAN,
JUDGE

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