IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 20799 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------ K.K. SUDARSANA PANICKER, AGED 68 YEARS, S/O.KUTTAPPA PANICKER, KARAPPALLIL HOUSE, AMBIKA MARKET POST, VAIKOM, KOTTAYAM DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): -------------------------- 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, KOTTAYAM-686 002. 3. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM, CIVIL STATION, KAKKANAD-682 030. R1 BY ADV. SRI.K.S.ANIL, SC, K.S.E.B. R2 & R3 BY GOVT. PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20799/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER PASSED IN G.C. NO.44/04 DT. 31.10.2006 BY THE 2ND RESPONDENT. P2:- COPY OF THE EXECUTION PETITION FILED BEFORE THE 2ND RESPONDENT DTD. 22.8.2008. P3:- COPY OF THE ORDER NO.B.O. (FB) NO.1313/2011 (PSI)/GRATUITY/TVPM/2006 DTD. 24.5.2011 OF THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.20799 of 2011 ----------------------------------------- Dated this the 1st August, 2011 JUDGMENT The petitioner is a former employee of the Kerala State Electricity Board. He retired from service on attaining the age of superannuation on 31.1.1998. 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, which was later affirmed by a Division Bench in W.A.No.1062 of 2003, the petitioner filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 seeking payment of gratuity in terms thereof. The Board resisted the application raising various contentions including the contention that the judgment of this Court in O.P.No.674 of 2002 has not attained finality and that the appeal from that judgment is pending. By Ext.P1 order passed on 31.10.2006, the Controlling Authority held that the petitioner is entitled to gratuity under the Payment of Gratuity Act, 1972 and directed payment of the difference in the amount of gratuity along with 10% interest from W.P(C).No.20799 of 2011 -:2:- the date on which gratuity fell due, within 30 days from the date of receipt of a copy of the order. This writ petition is filed contending that though Ext.P1 order has attained finality, till date the Board has not deposited the amount payable to the petitioner under Ext.P1 order. The petitioner also relies on Ext.P3 Board Order dated 24.5.2011 to contend that the Board has decided to adopt and apply the Payment of Gratuity Act, 1972 to its employees and therefore, there is no reason why the payment should be withheld. 2. Sri.K.S.Anil, the learned standing counsel appearing for the Board submitted on instructions, 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 apply the provisions of the Act to its employees and that the Board will therefore take steps to deposit the amount awarded expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment involved, the Board may be granted at least three months' time from today to deposit the principal amount of gratuity and six months time thereafter to deposit the interest portion. The learned standing counsel also submitted that the petitioner's entitlement to interest may be limited till the date of deposit of the principal amount of gratuity. The learned counsel W.P(C).No.20799 of 2011 -:3:- 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 time to deposit the principal amount and 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 three months from today deposit with the Controlling Authority the principal amount payable to the petitioner within three months from the date on which the petitioner produces a certified copy of this judgment and the interest thereon from the due date till the date of deposit of the principal amount within six months thereafter. (ii) Upon such deposits being made, it will be open to the petitioner to unconditionally withdraw the amounts deposited. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.20799 of 2011 ---------------------------- JUDGMENT 1st August, 2011