IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19749 of 2011(P) --------------------------------------- PETITIONER: ------------------- K.RAMANKUTTY NAIR, AGED 70 YEARS, S/O.LATE SHRI C.KRISHNAN NAIR, KIZHUPPADA HOUSE, POST KURUMALA, CHELAKKARA, THRISSUR DISTRICT PIN: 680 586. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY PIN: 695 004. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND DISTRICT LABOUR OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003. 3. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND THE REGIONAL JOINT LABOURCOMMISSIONER, ERNAKULAM, CIVIL STATION, KAKKANAD - 682 030. R1 BY SRI. P.P. THAJUDHEEN, S.C, R2 & R3 BY GOVT. PLEADER SRI. S. ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19749/2011-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER PASSED IN G.C. NO. 38/2005 DT. 13/07/2006 BY THE R.2. EXT.P.2: COPY OF THE SHOW-CAUSE NOTICE DT. 20/03/2007 ISSUED BY THE R.2. EXT.P.3: COPY OF THE ORDER PASSED BY THE R.3. IN G.A. NO. 115/2007 DT. 28/10/2010. EXT.P.4: COPY OF THE ORDER NO. BO(FB) NO.1313/2011 (PSI)/GRATUITY/TVPM/2006) DTD. 24/05/2011 OF THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.19749 of 2011 ----------------------------------------- Dated this the 20th July, 2011 JUDGMENT The petitioner is a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). He retired from service on 31.12.1995. Upon retirement he was paid gratuity computed in terms of the provisions contained in Part III of the Kerala Service Rules. A decade after his retirement relying on the decision of this Court in O.P.No.674 of 2002, which was later affirmed by a Division Bench of this Court in W.A.No.1062 of 2003, the petitioner moved the Controlling Authority under the Payment of Gratuity Act, 1972 contending that he is entitled to gratuity thereunder notwithstanding the provision for payment of gratuity under the Kerala Service Rules. The Board resisted the application contending inter alia that the issue regarding the payment of gratuity is pending before the Division Bench of this Court. By Ext.P1 order passed on 13.7.2006 the Controlling Authority held that the petitioner is entitled to gratuity in terms of the Payment of Gratuity Act, 1972 W.P(C).No.19749 of 2011 -:2:- and directed the Board to pay the balance amount of gratuity, namely the sum of Rs.60,864/- with simple interest thereon at 10% per annum from 15.3.2005. The Board was also directed to pay the amount within 30 days, failing which the Board was cautioned that the amount will be realised by initiating revenue recovery proceedings. The Board challenged Ext.P1 order by filing an appeal before the Appellate Authority. By Ext.P3 order passed on 28.10.2010 the appeal was dismissed. In the meanwhile a Division Bench of this Court affirmed the judgment of the learned single Judge in O.P.No.674 of 2002. This writ petition is filed contending that though the Board has recently issued Ext.P4 order dated 24.5.2011 adopting the Payment of Gratuity Act, 1972, till date the principal amount deposited by the Board has not been disbursed and the interest on the principal amount of gratuity has not been deposited for payment to the petitioner. In this writ petition the petitioner seeks appropriate directions in that regard. 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 will have to incur an expenditure of approximately Rs.250 Crores to give effect to Ext.P4 Board order and therefore, the Board may be granted four months' time to pay the interest portion to the petitioner. Learned counsel appearing W.P(C).No.19749 of 2011 -:3:- for the Board also submitted that the liability of the Board to pay interest may be limited till the date of deposit of the principal amount of gratuity before the Appellate Authority and that the Board has no objection in the petitioner withdrawing the amount deposited before the Appellate Authority. 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:- (i) The Board shall deposit the interest portion computed in terms of Ext.P1 order from 15.3.2005 till the date of deposit of the principal amount of gratuity before the Controlling Authority within four months from the date of receipt of a certified copy of this judgment. (ii) Upon such deposit being made, it will be open to the petitioner to withdraw the same unconditionally. The petitioner will also be free to withdraw the principal amount of gratuity lying in deposit with the Appellate Authority unconditionally. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.19749 of 2011 ---------------------------- JUDGMENT 20th July, 2011