IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24233 of 2011(D) -------------------------- PETITIONER(S): WRIT PETITIONERS ------------------------------- 1. KAMALAKSHI AMMA, SENIOR ASSISTANT - HIGHER GRADE, KSEB (RETIRED), W/O.LATE V.S.SANKARAN NAIR, AGED 73 YEARS, RESIDING AT PADMA NIVAS, MANNAR, APPANCHIRA, POOZHIKOL P.O., KADUTHURUTHY. 2. T.A.PAULOSE, ASSISTANT ADMINISTRATIVE OFFICER, KSEB (RETIRED), S/O.K.P.ANTONY, AGED 61 YEARS, RESIDING AT KANDATHILPARAMBIL HOUSE, PADINJAREKKARA P.O., VAIKOM. 3. N.KARUNAKARAN ASARY, SENIOR SUPERINTENDENT, KSEB (RETIRED), S/O.NARAYANAN ASARY, AGED 61 YEARS, RESIDING AT THOTTEKKATHU HOUSE, PADINJAREKKARA P.O., VAIKOM. 4. V.B.CHANDRASEKHARA PILLAI, OVERSEER, KSEB (RETIRED), S/O.LATE SRI.S.BHASKARA KURUP, RESIDING AT SREENILAYAM, PAKOLOMATTOM P.O., KURAVILANGADU. 5. P.S.YOHANNAN, OVERSEER, KSEB (RETIRED), S/O.P.T.SAMUEL, AGED 62 YEARS, RESIDING AT PARAKKAL HOUSE, VELLOOR P.O., PAMPADY, KOTTAYAM. 6. M.C.RAJU, ASSISTANT ENGINEER, KSEB (RETIRED), S/O.LATE VARGHESE CHANDY, AGED 62 YEARS, RESIDING AT MAMPARAYAIL HOUSE, KOLLAD P.O., KOTTAYAM. 7. K.K.CHERIYAN, OVERSEER, KSEB (RETIRED), S/O.K.V.KOSHY, AGED 62 YEARS, RESIDING AT KARIMALIL HOUSE, AMAYANNOOR P.O., KOTTAYAM. 8. C.K.SIVADAS, OFFICE ATTENDANT, KSEB (RETIRED), S/O.LATE SRI.GOVINDA PILLAI, AGED 64 YEARS, RESIDING AT PRTHIBHA HOUSE, PAKKIL, KOTTAYAM. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN 695 001. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM. PIN 695 004. 3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOTTAYAM. PIN 686 001. 4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM. PIN 682 030. R1, R3 & R4 BY GOVT. PLEADER SRI.P.M.MANOJ R2 BY ADV.SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU WPC.NO 24233/2011 APPENDIX PETITIONER'S EXHIBITS: P1- TRUE COPY OF THE COMMON ORDER DATED 24-07-2007 IN G.C.NOS.257/2005 AND OTHER CASES OF THE 3RD RESPONDENT. P2- TRUE COPY OF THE COMMON ORDER DATED 04-09-2007 IN G.C.NO.142/2005 AND OTHER CASES OF THE 3RD RESPONDENT. P3- TRUE COPY OF THE ORDER DT.7.09.07 IN G.C.NO.116/06 ETC. P4- TRUE COPY OF THE COMMON ORDER DATED 04-09-2007 IN G.C. NO.308/05 AND OTHER CASES OF THE 3RD RESPONDENT. P5(2 IN NOS) TRUE COPIES OF REPRESENTATIONS SUBMITTED BY THE PETITIONERS 2 AND 3 BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 24233 of 2011 ------------------------------- Dated this the 20th 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 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. By Ext.P1 to P4 orders, the Controlling Authority allowed the applications and directed payment of the difference in the amount of gratuity with interest at the applicable rate from the respective due dates. This writ petition is filed contending that though the said orders have attained finality, the amounts directed to be paid by the Controlling Authority have not so far been deposited. In this writ petition, the petitioners seek an order directing the Board to forthwith deposit the amounts payable under Exts.P1 to P4 orders and to permit them to withdraw the amounts thus deposited. WPC No.24233/2011 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 amounts payable expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment the Board may be granted at least three months' time from today to deposit the principal amount and six months' time from the date of deposit of the principal amount 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 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 WPC No.24233/2011 3 respective due date 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 before the Controlling Authority the principal amount payable to the petitioners in terms of Exts.P1 to P4 orders. The Board shall within six months from the date of deposit of the principal amount, deposit the amount payable by way of interest from the respective due date till the date of deposit of the principal amount. (ii) Upon such deposits being made, it will be open to the petitioners to unconditionally withdraw the amounts deposited. P.N. RAVINDRAN, JUDGE. vps WPC No.24233/2011 4