V.K.Velukutty Vs. the Kerala State Electricity Board - Court Judgment

SooperKanoon Citationsooperkanoon.com/1012549
CourtKerala High Court
Decided OnDec-19-2012
JudgeHONOURABLE MR.JUSTICE HARUN-UL-RASHID
AppellantV.K.Velukutty
RespondentThe Kerala State Electricity Board
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice harun-ul-rashid wednesday, the 19th day of december 2012 28th agrahayana 193 wp(c).no. 30404 of 2012 (a) -------------------------------------- petitioner(s): ------------------------- 1. v.k.velukutty, aged 7 years s/o. late kunhayyappan, valapparambil house 'karthika', t.c.no. 1175/50, (p.o.) ayyanthole, thrissur-680003.2. t.p.babu, aged 7 years s/o. late parameswaran, thozhuthungal house gandhi nagar, (p.o.), mannuthy thrissur-680651. by advs.sri.p.k.madhusoodanan sri.p.m.binoy krishna respondent(s): --------------------------- 1. the kerala state electricity board represented by its secretary, vydyuthi bhavan pattom, thiruvananthapuram-695004.2. the secretary kerala state electricity board, vydyuthi bhavan pattom, thruvananthapuram-695004.3. the controlling authority under the payment of gratuity act 197.& the district labour officer thrissur-680001.4. the appellate authority under the payment of gratuity act & the regional joint labour commissioner ernakulam-682 230. r1 & r2 by sri.k.s.anil, sc, kseb r3 & r4 by government pleader sri. g. gopakumar this writ petition (civil) having come up for admission on 19-12-2012, the court on the same day delivered the following: dcs wp(c).no. 30404 of 2012 (a) appendix petitioner(s) exhibits :- exhibit p1- copy of the order issued by the 3rd respondent bearing no. gc. 210/2006 dated 4 11-2011. exhibit p2- copy of the order issued by the 3rd respondent bearing no. g.c. 85/2005 dated 24 6-2011. exhibit p3- copy of the application form t dated 19 12-2011 submitted by the 1st petitioner before the 3rd respondent. exhibit p4- copy of the application form t dated 4 11-2011 submitted by the 2nd petitioner before the 3rd respondent. exhibit p5- copy of the judgment dated 7 6-2011 in wpc no. 14097/2011 passed by this hon'ble court. respondents' exhibits :- nil /true copy/ p.a. to judge dcs harun-ul-rashid,j.------------------------- w.p.(c).no.30404 of 201.------------------------- dated this the 19th day of december, 2012 judgment heard the learned counsel for the petitioners, learned standing counsel for respondents 1 and 2 and the learned government pleader for respondents 3 and 4.2. the writ petition is filed seeking a direction directing the respondents to disburse the balance gratuity amounts due to the petitioners as per ext.p1 and ext. p2 orders within a time limit to be fixed by this court.3. petitioners are the retired employees of the kerala state electricity board. the 3rd respondent-controlling authority under the payment of gratuity act, passed ext.p1 and ext. p2 orders directing the secretary, kse board, to pay the balance amount of gratuity within thirty days of receipt of the order.4. the grievance of the petitioners is that the 2nd respondent- secretary, kse board has not complied with the directions contained -2- w.p.(c).no.30404/2012 in exts.p1 and p2 orders. exts.p1 and p2 orders have become final. petitioners approached the 3rd respondent submitting exts.p3 and p4 applications respectively to disburse the balance amount of gratuity due to them as per ext.p1 and p2 order. the grievance of the petitioners is that the 2nd respondent has not paid the amount covered by exts.p1 and p2 orders and that the 3rd respondent has not initiated any action for recovery of the amount as per the directions contained in exts. p1 and p2 orders and as provided under the payment of gratuity act till date.5. the learned counsel for the petitioners brought to the notice of this court the judgment passed in w.p.(c). no.16898/2012. in similar situation, this court allowed similar prayer in various writ petitions filed by similarly situated employees. learned standing counsel for respondents 1 and 2 submits that the amount due to the petitioners will be paid provided, some time is granted for payment. in the aforesaid facts and circumstances, the writ petition is disposed of in terms of the directions contained in w.p.(c). -3- w.p.(c).no.30404/2012 no.16898/2012. i) the 2nd respondent-kse board shall deposit the entire balance amount of gratuity payable to the petitioners, calculated in accordance with exts. p1 and p2 orders before the 3rd respondent-controlling authority, within a period of six months from today. ii) the 2nd respondent-kse board shall also deposit the amount of interest payable on the balance amount of gratuity payable to the petitioners calculated in accordance with exts. p1 and p2 order upto the date of deposit of the principal amount before the controlling authority, within a period of six months from the date of deposit of the principal amount. iii) upon such deposit being made, it shall be open to the petitioners to unconditionally withdraw the amounts so deposited. harun-ul-rashid, judge. dcs
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 WP(C).No. 30404 of 2012 (A) -------------------------------------- PETITIONER(S): ------------------------- 1. V.K.VELUKUTTY, AGED 7 YEARS S/O. LATE KUNHAYYAPPAN, VALAPPARAMBIL HOUSE 'KARTHIKA', T.C.NO. 1175/50, (P.O.) AYYANTHOLE, THRISSUR-680003.

2. T.P.BABU, AGED 7 YEARS S/O. LATE PARAMESWARAN, THOZHUTHUNGAL HOUSE GANDHI NAGAR, (P.O.), MANNUTHY THRISSUR-680651. BY ADVS.SRI.P.K.MADHUSOODANAN SRI.P.M.BINOY KRISHNA RESPONDENT(S): --------------------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM-695004.

2. THE SECRETARY KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN PATTOM, THRUVANANTHAPURAM-695004.

3. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 197.& THE DISTRICT LABOUR OFFICER THRISSUR-680001.

4. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & THE REGIONAL JOINT LABOUR COMMISSIONER ERNAKULAM-682 230. R1 & R2 BY SRI.K.S.ANIL, SC, KSEB R3 & R4 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WP(C).No. 30404 of 2012 (A) APPENDIX PETITIONER(S) EXHIBITS :- EXHIBIT P1- COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT BEARING NO. GC. 210/2006 DATED 4 11-2011. EXHIBIT P2- COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT BEARING NO. G.C. 85/2005 DATED 24 6-2011. EXHIBIT P3- COPY OF THE APPLICATION FORM T DATED 19 12-2011 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P4- COPY OF THE APPLICATION FORM T DATED 4 11-2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5- COPY OF THE JUDGMENT DATED 7 6-2011 IN WPC NO. 14097/2011 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS :- NIL /TRUE COPY/ P.A. TO JUDGE DCS HARUN-UL-RASHID,J.

------------------------- W.P.(C).NO.30404 OF 201.------------------------- DATED THIS THE 19TH DAY OF DECEMBER, 2012 JUDGMENT Heard the learned counsel for the petitioners, learned Standing Counsel for respondents 1 and 2 and the learned Government Pleader for respondents 3 and 4.

2. The writ petition is filed seeking a direction directing the respondents to disburse the balance gratuity amounts due to the petitioners as per Ext.P1 and Ext. P2 orders within a time limit to be fixed by this Court.

3. Petitioners are the retired employees of the Kerala State Electricity Board. The 3rd respondent-Controlling Authority under the Payment of Gratuity Act, passed Ext.P1 and Ext. P2 orders directing the Secretary, KSE Board, to pay the balance amount of gratuity within thirty days of receipt of the order.

4. The grievance of the petitioners is that the 2nd respondent- Secretary, KSE Board has not complied with the directions contained -2- W.P.(C).No.30404/2012 in Exts.P1 and P2 orders. Exts.P1 and P2 orders have become final. Petitioners approached the 3rd respondent submitting Exts.P3 and P4 applications respectively to disburse the balance amount of gratuity due to them as per Ext.P1 and P2 order. The grievance of the petitioners is that the 2nd respondent has not paid the amount covered by Exts.P1 and P2 orders and that the 3rd respondent has not initiated any action for recovery of the amount as per the directions contained in Exts. P1 and P2 orders and as provided under the Payment of Gratuity Act till date.

5. The learned counsel for the petitioners brought to the notice of this Court the judgment passed in W.P.(C). No.16898/2012. In similar situation, this Court allowed similar prayer in various writ petitions filed by similarly situated employees. Learned Standing Counsel for respondents 1 and 2 submits that the amount due to the petitioners will be paid provided, some time is granted for payment. In the aforesaid facts and circumstances, the writ petition is disposed of in terms of the directions contained in W.P.(C). -3- W.P.(C).No.30404/2012 No.16898/2012. i) The 2nd respondent-KSE Board shall deposit the entire balance amount of gratuity payable to the petitioners, calculated in accordance with Exts. P1 and P2 orders before the 3rd respondent-Controlling Authority, within a period of six months from today. ii) The 2nd respondent-KSE Board shall also deposit the amount of interest payable on the balance amount of gratuity payable to the petitioners calculated in accordance with Exts. P1 and P2 order upto the date of deposit of the principal amount before the Controlling Authority, within a period of six months from the date of deposit of the principal amount. iii) Upon such deposit being made, it shall be open to the petitioners to unconditionally withdraw the amounts so deposited. HARUN-UL-RASHID, JUDGE. DCS