IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24218 of 2011(B) -------------------------- PETITIONER(S): --------------- 1. P.SATHYAVRATHAN,AGED 65 YEARS, S/O.PARAMESWARAN,(APPLICANT IN G.C NO.61/05), SUVITHALAYAM,PALACE WARD,KRISHNAPURAM,KAYAMKULAM. 2. V.RAMACHANDRAN PILLAI, (APPLICANT IN G.C NO.62/05)SREEMANDIRAM, S.R.P MARKET P.O, THAZHAVA,KARUNAGAPPALLY. 3. T.K.PUSHKARAN (APPLICANT IN G.C NO. 64/05) THAYYITHARAYIL,VARAVILA P.O, PERUMANPHAZHA. 4. Y.AHAMEDKUNJU, (APPLICANT IN G.C NO. 65/05) THEKKE AROOR HOUSE,PRAYAR SOUTH, ALUMPEEDIKA P.O OCHIRA. 5. P.VIKRAMADITHYAN ACHARI, (APPLICANT IN G.C NO.66/05) YOGEE NIVAS, KALARI, PANMANA, CHAVARA P.O, 6. K.ABDUL KHAREEM KUNJU, (APPLICANT IN G.C NO. 67/05) PLAVANNOOR, KADATHOOR P.O, THAZHAVA. 7. V.RAVI, (APPLICANT IN G.C NO. 68/05) THURUTHI THEKKATHIL, VALIYAKULANGARA OCHIRA P.O. 8. S.SADASIVAN, (APPLICANT IN G.C NO.69/05) SREEKOVIL, KUTHIRAPANTHI P.O, THAZHAVA. 9. V.GOPALAKRISHNAN, (APPLICANT IN G.C NO.70/05) JAYA BHAVANAM, P.V SOUTH, EDAKULANGARA P.O. 10. K.G.THOMAS, (APPLICANT IN G.C NO. 71/05) WP(C).No. 24218 of 2011 -2- MOOSARISSERIM PUTHENVEEDU, KOZHIKODE EAST, S.V MARKET P.O, KARUNAGAPPALLY. 11. K.N.PRABHAKARAN, (APPLICANT IN G.C NO. 72/05) JAYA BHAVANAM, AYANIVELIKULNGARA SOUTH, S.V MARKET P.O, KARUNAGAPPALLY. 12. B.VIMALAMMA, (LEGAL HEIR OF APPLICANT IN G.C NO.74/05) W/O.LATE R.RAJAN PILLAI, KURUMPOLETHU HOUSE, KATTACHIRA, PALLIKKAL P.O, KAYAMKULAM. 13. K.P.SADASIVAN, (APPLICANT IN G.C NO. 79/05) KAYALVARATHU, VADAKKUMTHALA P.O, KARUNAGAPPALLY. 14. ISAHAK KUNJU, (APPLICANT IN G.C NO. 78/05) ZEENA NIVAS,KOIVILA P.O, KARUNAGAPPALLY. 15. A.JAMALUDHEEN, (APPLICANT IN G.C NO. 80/05) CHAMATHUNDIL PADINJATTATHIL,MYNAGAPPALLY P.O. 16. K.VIJAYADHARAN, (APPLICANT IN G.C NO. 81/05) AMPALASSERIL, AYANI SOUTH, S.V MARKET P.O. 17. J.NAGENDRAN PILLAI, (APPLICANT IN G.C NO. 82/05) SARADA BHAVANAM,AKKAL,PANMANAM,CHAVARA P.O. 18. V.SADANANDAN, (APPLICANT IN G.C NO. 53/05) PADMALAYAM, PADA NORTH, KARUNAGAPPALLY P.O. 19. ANNIE, (LEGAL HEIR OF APPLICANT IN G.C NO.84/05) W/O.LATE V.THANKACHAN,GRACE BHAVAN, KOZHIKODE,S.V MARKET P.O, KARUNAGAPPALLY. 20. MARY KUTTY SAMSON, LEGAL HEIR OF S.SAMSON (APPLICANT IN G.C NO. 55/05) MUKULAVILAYIL VEEDU, MANAKKARA, SASTHAMKOTTA. 21. E.SREEDEVI AMMA (APPLICANT IN G.C NO. 86/05) KIZHAKKE VEEDU, KALLELI BHAGAM P.O. 22. JESSON DAVID, (APPLICANT IN G.C NO. 89/05) KOTTAPPURATHU PUTHEN VEEDU, WP(C).No. 24218 of 2011 -3- MANAKKARA, SASTHAMKOTTA. 23. M.NEELAMBARAN, (APPLICANT IN G.C NO. 90/05) SATHOSH BHAVANAM, ADINAD NORTH P.O. 24. G.KUNJAPPY, (APPLICANT IN G.C NO. 95/05) EBENIZER HOUSE, KADAPPA SOUTH, MYNAGAPPALLY. 25. K.MADHAVIKUTTY AMMA, (APPLICANT IN G.C NO. 96/05) MULLASSERIL HOUSE, GOVINDHAMUTTAM P.O, KAYAMKULAM. 26. P.C.KARMACHANDRA MOHAN, (APPLICANT IN G.C NO. 97/05) PUTHENVEETTIL, KOZHIKODU MEKKU, S.V MARKET P.O, KARUNAGAPPALLY. 27. BHARGAVAN ACHARI, (APPLICANT IN G.C NO.101/05) MUTHALASSERIL HOUSE, KOTTAMPALLY, MADATHIKARAZHAMA P.O. 28. P.RAMACHANDRAN PILLAI, (APPLICANT IN G.C NO. 77/05) KANNANKARA VEEDU, PUNNAMKULAM. 29. K.C.VARGHESE, (APPLICANT IN G.C NO. 78/06) SARITHA BHAVAN, MALIBHAGOM, CHAVARA P.O. 30. K.SAHADEVAN PILLAI, (APPLICANT IN G.C NO. 80/06) KUNNATHUVILA KIZHAKKETHIL, EDAVANASSERIL,MYNAGAPPALLY P.O. 31. K.LALITHAMMA, (LEGAL HEIR OF APPLICANT IN G.C NO.81/06) W/O.LATE G.VIJAYAPPAN, JAYALAL SADANAM, MANAKKARA.SASTHAMKOTTA P.O. 32. P.SURENDRAN PILLAI, (APPLICANT IN G.C NO. 83/06) SREENILAYAM, P.V NORTH, THAZHAVA P.O. 33. M.ABDUL LATHEEF, (APPLICANT IN G.C NO. 85/06) SOPHIYA MANZIL, MUKUNDAPURAM P.O, CHAVARA. 34. M.ANANDHAN, (APPLICANT IN G.C NO. 76/06) WP(C).No. 24218 of 2011 -4- PUTHUMANNEL,KUZHITHARA P.O. 35. K.K.RADHAKRISHNAN, (APPLICANT IN G.C NO.320/06) KEERTHI, PADA NORTH, KARUNAGAPPALLY. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICIY BOARD, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY,PIN 695 004. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND DISTRICT LABOUR OFFICER KOLLAM – 680001. 3. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM – 680001. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION,THIRUVANANTHAPURAM 695 001. BY GOVT. PLEADER SRI. M. MOHAMMED SHAFI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24218 of 2011 APPENDIX: PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER DATED 19.6.2006. EXHIBIT P2: TRUE COPY OF THE ORDER DATED 15.1.2008. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 15.1.2008 WHEREIN 35TH PETITIONER WAS IN PARTY ARRAY. EXHIBIT P4: TRUE COPY OF THE ORDER OF THE APPELLATE AUTHORITY DATED 3.11.2010. EXHIBIT P5: TRUE COPY OF THE ORDER OF THE APPELLATE AUTHORITY DATED 13.7.2010. EXHIBIT P6: TRUE COPY OF THE ORDER OF THE APPELLATE AUTHORITY DATED 13.7.2010 WHEREIN 35TH PETITIONER WAS IN PARTY ARRAY. EXHIBIT P7: TRUE COPY OF THE CALCULATION STATEMENT OF ADMISSIBLE INTEREST @ 10% ELIGIBLE TO THE PETITIONERS 1 TO 27. EXHIBIT P8: TRUE COPY OF THE CALCULATION STATEMENT OF ADMISSIBLE INTEREST @ 10% ELIGIBLE TO THE PETITIONERS 28 TO 35. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24218 OF 2011 -------------------------- Dated this the 6th day of September, 2011 J U D G M E N T The petitioners are former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement they were paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after their retirement, relying on the decision of this Court in O.P. No.674 of 2002 the petitioners filed separate applications 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. The Controlling Authority allowed the applications and directed payment of the difference in the amount of gratuity with interest at applicable rates from the respective due dates. This writ petition is filed contending that though the principal amount of gratuity directed to be paid by the Controlling Authority under the Act was deposited and later disbursed, the interest payable to the petitioners in terms of the orders passed by the Controlling Authority has not been deposited so far. In this writ petition, the petitioners seek an order directing the Board to pay the interest portion expeditiously. WPC No.24218/2011 2 2. Sri.K.S.Anil, the learned standing counsel appearing for the Board submitted 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 that the Board will therefore take steps to deposit the interest portion 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 petitioners 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 granted the Board six months' time from the date of the judgment 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 dates till the date of deposit of the principal amount. I accordingly dispose of the writ petition with the following directions: (i) The Board shall within six months from today deposit the WPC No.24218/2011 3 amount payable to the petitioners by way of interest calculated in terms of Exts.P1 to P3 orders computed with reference to the respective due dates till the date of deposit of the principal amount, before the Controlling Authority. (ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited. P.N.RAVINDRAN, (JUDGE) vps