IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 15657 of 2011(F) -------------------------- PETITIONER: --------------- K.P.RAJASEKHARAN, LAKSHMI NIVAS KAVUMPADY, MOOVATTUPUZHA. BY ADV. SRI.K.K.RAJEEV RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY 695 004. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,( DISTRICT LABOUR OFFICER ERNAKULAM) PIN 682 030. 3. REGIONAL JOINT LABOUR COMMISSIONER OFFICE OF THE DISTRICT LABOUR OFFICE CIVIL STATION, KAKKANADU,ERNAKULAM PIN 682 030. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF LABOUR AND REHABILITATION,THIRUVANANTHAPURAM 695 001. BY SRI.K.S.ANIL, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15657/11 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE ORDER DT. 10.7.2007 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. EXT.P2. COPY OF THE JUDGMENT IN W.P.(C) No. 24416/2009 DT. 27.8.2009. EXT.P3. COPY OF THE ORDER DT. 24.5.2011. /TRUE COPY/ PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 15657 OF 2011 -------------------------- Dated this the 10th day of June, 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). After retirement from service, he along with 49 others filed applications before the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) seeking payment of gratuity. They contended that in view of the decision of this Court in Kerala State Electricity Board v. Mohankumar (2008 (3) KLT 73) the employees of the Board are entitled to gratuity under the Act. The Board resisted the applications contending that the service conditions of the employees of the Board are governed by the Kerala Service Rules and therefore they are entitled to gratuity only in terms of the provisions contained in the Kerala Service Rules. Overruling the contention raised by the Board and relying on the decisions of this Court, by Ext.P1 order passed on 10.7.2007 the Controlling Authority directed payment of gratuity in accordance with the provisions contained in the Act together with interest. The Controlling Authority directed that the balance amount of gratuity after giving credit to the payment made in terms of the Kerala Service Rules shall be paid within 30 days failing which action will be taken to recover the amount with 10% interest from the date of the order under the provisions of the Act. The petitioner and 9 others who are parties to WPC No.15657/2011 2 Ext.P1 order thereafter filed W.P.(C) No. 24416 of 2009 in this Court. By Ext.P2 judgment delivered on 27.8.2009, this Court disposed of the said writ petition with a direction to the Board to deposit the amount payable to the petitioners within six weeks from the date of production of a copy of the judgment. This Court permitted the petitioners to get the amount disbursed. The Board was also granted six months time to pay the interest portion. This Court also directed that the petitioners should execute a bond agreeing to refund the interest portion, in the event of the Apex Court deciding the issue in favour of the Board on the Special Leave Petition filed by the Board challenging the decisions of this Court. 2. The instant writ petition is filed contending that though pursuant to Ext.P2 judgment the principal amount and interest portion were deposited, the petitioner alone has not been able to obtain payment of the interest portion though the principal amount of gratuity has been released to him. The petitioner states that the Board has recently issued Ext.P3 order dated 24.5.2011 whereby it has decided to make the provisions of the Act applicable to employees of the Board and to withdraw the Special Leave Petition filed by it before the Honourable the Supreme Court of India. The petitioner contends that in the changed circumstances, the Board may be directed to deposit the interest portion of amount covered by Ext.P1 order expeditiously. 3. When the writ petition came up for hearing today, Sri.K.S.Anil, WPC No.15657/2011 3 learned standing counsel appearing for the Board submitted that if as claimed by the petitioner in paragraph 3 of the writ petition the interest portion has already been deposited, the Board will not object to the petitioner withdrawing the interest portion unconditionally. The learned counsel also submitted that if the interest portion of the amount covered by Ext.P1 order in so far as it relates to the petitioner has not been deposited till date, the Board will deposit the said amount within three months from today. In the light of the said submission, I dispose of the writ petition with the following directions: (i) If as claimed by the petitioner in paragraph 3 of the writ petition the interest portion of the amount covered by Ext.P1 order in so far as it relates to the petitioner has been already deposited by the Board before the Controlling Authority under the provisions of the Act, the said authority shall release the amount to the petitioner unconditionally. If on the other hand, the interest portion has not been deposited till date, the first respondent shall take steps to deposit the same within three months from the date on which the petitioner produces a certified copy of this judgment before the Board. Interest shall be computed on the balance amount of gratuity payable in terms of Ext.P1 order from the due date till the date of deposit of the principal amount. P.N.RAVINDRAN, (JUDGE) vps