V.R.Gopinath vs Appellate Authority Under The on 27 September, 2010

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Kerala High Court
V.R.Gopinath vs Appellate Authority Under The on 27 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29615 of 2010(B)


1. V.R.GOPINATH, AGED 61,
                      ...  Petitioner
2. PRADEEP JOHN DAVID, AGED 62,

                        Vs



1. APPELLATE AUTHORITY UNDER THE
                       ...       Respondent

2. CONTROLLING AUTHORITY UNDER THE

3. KERALA STATE ELECTRICITY BOARD,

                For Petitioner  :SRI.S.K.SAJU

                For Respondent  : No Appearance

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

 Dated :27/09/2010

 O R D E R
                       C.T.RAVIKUMAR, J.
                        ----------------------------
                     W.P.(C)No.29615 of 2010
                        ----------------------------
                   Dated 27th September, 2010

                            JUDGMENT

The grievance of the petitioners, who are retired

employees of the Kerala State Electricity Board, is pertaining to

the non-disbursement of gratuity payable to them under Payment

of Gratuity Act, 1972. As per the orders passed in

G.C.Nos.57/2005 & 59/2005 the second respondent found that the

petitioners are entitled to get the balance of gratuity amount.

The same was challenged by the third respondent before the first

respondent in appeals. However, the first respondent dismissed

the appeals, as is obvious from Ext.P2 series of orders. At the

time of filing of the said appeals, the third respondent had

deposited the arrears of gratuity payable to the petitioners before

the first respondent. Despite the dismissal of the appeals, 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.

WP(C).No.29615/2010 2

2. In view of the fact that this Court has already passed

orders on similar matters directing the concerned respondent to

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

petitioners on their executing bonds for the equivalent amounts

to be disbursed to them.

Sd/-

C.T.RAVIKUMAR
Judge

jma
//true copy//

P.A to Judge

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