IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29471 of 2011(H) ------------------------------------ PETITIONER: ------------------- A.A.VARGHESE, AGED 68 YEARS, ALUMKAL HOUSE, PAMPADY P.O., KOTTAYAM. BY ADVS. SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY RESPONDENT(S): ------------------------ 1. THE DISTRICT LABOUR OFFICER, KOTTAYAM. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. R2 BY SHRI. K.S. ANIL, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SKV WP(C).No. 29471 of 2011(H) APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE JUDGMENT IN WPC NO.24162 OF 2010 OF THE HON'BLE HIGH COURT OF KERALA. P2 : COPY OF THE LETTER DATED 02.08.2011 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. P3: COPY OF B.O(FB) NO.1313/2011 (PS1/GRATUITY/TVPM/2006) DATED 24.05.2011 RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE SKV P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 29471 of 2011 ----------------------------------------------- Dated this the 14th day of November, 2011 JUDGMENT The petitioner is the former employee of Kerala State Electricity Board. He retired from service on 31.11.1997. Upon retirement he was paid terminal benefits including gratuity computed in terms of the provisions contained in Part III of the Kerala State Service Rules. Long after retirement, relying on the decision of this Court in OP No.674 of 2002 which was later affirmed by a Division Bench of this Court in Writ Appeal No.1062 of 2003, he filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 seeking payment of gratuity thereunder. The Board resisted the application on various grounds. By order passed on 22.6.2007 the Controlling Authority directed payment of gratuity under the Payment of Gratuity Act, 1972. 2. This writ petition is filed contending that though pursuant to the said order the principal amount of gratuity was deposited and later disbursed to the petitioner pursuant to the direction issued by this Court in Ext.P1 judgment on the WP(C)No.29471 of 2011 -2- petitioner executing a bond, the interest portion has not so far been disbursed. Relying on Ext.P3 Board order dated 24.5.2011 it is contended that the Board has decided to adopt and apply the Payment of Gratuity Act, 1972 and therefore there is no reason why the interest payable should not be disbursed expeditiously. 3. When the writ petition came up for admission today, the learned standing counsel appearing for the Board submitted that the Board will pay the interest portion within six months from today, but having regard to the financial commitment involved, the Board may be granted six months time from today to deposit the interest portion and the liability of the Board to pay interest may be limited till the date of the deposit of the principal amount. The learned counsel appearing for the petitioner did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions: (a) The Kerala State Electricity Board shall within six months from today deposit, before the Controlling Authority under the Payment of Gratuity Act, namely the District Labour Officer, Kottayam, to the credit of G.C No.60/2004, the amount payable to the WP(C)No.29471 of 2011 -3- petitioner by way of interest at the rate stipulated by the Controlling Authority from the due date, till the date of deposit of the principal amount of gratuity. (b) Upon such deposit being made it will be open to the petitioner to unconditionally withdraw the amount deposited. If the petitioner has already withdrawn the principal amount of gratuity after executing a bond, such withdrawal shall be treated as unconditional. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge