IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 30913 of 2010(L) -------------------------- PETITIONER(S): --------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): --------------- 1. P.SUDANANDAN, THENGUMATHUNDIL, KADATHOR, K.S.PURAM P.O., KARUNAGAPPALLY. 2. K.BHASKARAN, APSARA, MUTHUPILAKKAD WEST, MUTHUPULAKKAD P.O., PORUVAZHY. 3. S.CHANDRA MOHANAN PILLAI, AZAD BHAVAN, PALACKAL, THEVALAKKARA P.O. 4. S.RAMACHANDRAN NAIR, MANOJ BHAVAN, KAREEPRA, KUZHIMATHICADU P.O.. 5. K.N.GOPALAKRISHNAN, SRUTHIYLAYAM, MANAPPALLY. 6. A.JANAMMA, AMBILIBHAVANAM, THAZHAVA NORTH, KUTHIRAPANTHY P.O. 7. CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER, KOLLAM. 8. THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM. ADV. SRI.K.K.RAJEEV FOR R1-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.30913/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE COMMON ORDER DATED 24.2.2010 OF LTHE 8TH RESPONDENT APPELLATE AUTHORITY IN G.A.NOS.81/2009 TO 86/09 EXT.P2. TRUE COPY OF THE INTERIM ORDER DATED 7.7.2008 OF THE HON'BLE SUPREME COURT OF INDIA STAYING THE OPERATION OF THE JUDGMENT DATED 8.1.2008 IN W.A.1062/2003 AND W.A.1938/2004 RESPONDENTS' EXHIBITS: EXT.R1(a): TRUE COPY OF THE ORDER IN W.P(C)No.37358/10 dated 22.12.10. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30913 of 2010 ----------------------------------------- Dated this the 30th June, 2011 JUDGMENT This writ petition is filed by the Kerala State Electricity Board (hereinafter referred to as “the Board” for short) challenging the orders passed by the Appellate Authority under the Payment of Gratuity Act, 1972 refusing to condone the delay in filing appeals from the orders passed by the Controlling Authority on applications filed by former employees of the Board for payment of gratuity. The main contention raised in the appeals was that the former employees of the Board are entitled to payment of gratuity only in terms of the provisions contained in Part III of the Kerala Service Rules (KSR for short) and not under the Payment of Gratuity Act and therefore, the orders passed by the Controlling Authority are liable to be set aside. 2. When the writ petition came up for hearing today Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has by order No.B.O(FB)No.1313/2011 (PS1/Gratuity/TVPM/2006) dated 24.5.2011 decided to apply the W.P(C) NO.30913/2010 -:2:- provisions of the Payment of Gratuity Act, 1972 to the employees of the Board and to withdraw the special leave petition filed by the Board before the Hon'ble the Supreme Court of India challenging the judgment of this Court in O.P.No.674 of 2002 wherein this Court had upheld the claim of a retired employee of the Board for gratuity under the Payment of Gratuity Act, 1972. The learned counsel for the Board submitted that in view of the aforesaid development, the Board is not prosecuting this writ petition and the writ petition may be dismissed as not pressed. The learned counsel for the Board also submitted that as a large number of applications for payment of gratuity under the Payment of Gratuity Act have been disposed of by the Controlling Authority/Appellate Authority, the Board may be given three months time to pay or deposit the principal amount of gratuity and six months time from the date of deposit of the principal amount for payment of the interest portion. The learned counsel for the party respondents did not seriously oppose the said request. In the light of the above submission, this writ petition is dismissed as not pressed. The Board shall disburse or deposit for payment to the party respondents in this writ petition the principal amount of gratuity payable to them in terms of the orders passed W.P(C) NO.30913/2010 -:3:- by the Controlling Authority under the Payment of Gratuity Act, 1972 and the interest thereon at the applicable rates. The principal amount of gratuity shall be paid directly or deposited for payment, if it has not so far been paid or deposited, within three months from today. The interest on the amount of gratuity from the due date till the date of payment to the employee or the date of deposit before the Controlling Authority shall be disbursed within six months thereafter. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30913 of 2010 ---------------------------- JUDGMENT 30th June, 2011