IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26748 of 2011(P) -------------------------- PETITIONER(S): --------------- K.K.BALAKRISHNA PILLAI, SENIOR SUPERINTENDENT (RETIRED), KERALA STATE ELECTRICITY BOARD, S/O.KRISHNA PILLAI AGED 64 YEARS, RESIDING AT SREERAJ, PONKUNNAM P.O KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695 004. 3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOTTAYAM 686001. 4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM 682030. BY GOVT. PLEADER SRI.G.GOPAKUMAR SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 26748/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE COMMON ORDER DATED 14-09-2007 IN G.C.NO.70/2004 AND OTHER CASES OF THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26748 OF 2011 -------------------------- Dated this the 11th day of October, 2011 J U D G M E N T The petitioner is a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement he was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after retirement, relying on the decision of this Court in O.P. No.674 of 2002 the petitioner filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) seeking payment of gratuity in terms of the said enactment. By Ext.P1 order, the Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity with interest at the applicable rate from the due date. This writ petition is filed contending that though the said order has attained finality, the amount directed to be paid by the Controlling Authority has not so far been disbursed. In this writ petition, the petitioner seeks an order directing the Board to forthwith deposit the amount payable in terms of Ext.P1 order and to permit him to withdraw the amount thus deposited. 2. Sri.K.S.Anil, the learned standing counsel appearing WPC No.26748/2011 2 for the Board submitted that the principal amount has already been deposited, that the Board has by order No. B.O.(FB) No.1313/2011 (PSI/Gratuity/TVPM/2006) dated 24.5.2011 decided to adopt and implement the provisions of the Act in respect of the employees of the Board and the Board will therefore take steps to deposit the balance amount expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment the Board may be granted at least six months' time from today to deposit the interest portion and that the liability of the Board to pay interest may be limited till the date of deposit of the principal amount. The learned counsel appearing for the petitioner did not oppose the said request. That apart, I have by judgment delivered on 7.6.2011 in W.P.(C) No. 639 of 2011 and connected cases disposed of similar writ petitions filed by former employees of the Board wherein after taking note of the heavy financial commitment involved, I granted the Board three months' time from the date of the judgment to deposit the principal amount and six months time thereafter to deposit the interest portion and had also directed that interest will run on the principal amount of gratuity directed to be paid by the Controlling Authority only from the respective due date till the date of deposit of the principal amount. I accordingly dispose of the writ petition with the following directions: WPC No.26748/2011 3 (i) The Board shall within six months from today deposit before the Controlling Authority the amount payable by way of interest in terms of Ext.P1 order from the due date till the date of deposit of the principal amount. (ii) Upon such deposit being made, it will be open to the petitioner to unconditionally withdraw the amounts deposited. (iii) The petitioner will be free to unconditionally withdraw the principal amount lying in deposit before the Appellate Authority. P.N. RAVINDRAN, JUDGE. vps