IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 11542 of 2007(Y) ------------------------------------- PETITIONER(S): ----------------------- M.BALAJEE SINGH, S/O.K.P.MOHAN SINGH, AMAR JYOTHI, T.C.NO.61/1983, ARYANKUZHI, KAMALESHWARAM, MANACAUD P.O.,THIRUVANANTHAPURAM- 695009 (RETIRED ASST.MANAGER, KERALA AGRO INDUSTRIES CORPORATION LTD.,). BY ADV. SMT.SANTHAMMA ISSAC SRI.N.C.THOMAS SRI.CHERIAN THOMAS SMT.ANU THANKAM MATHEW RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA AGRO INDUSTRIES CORPORATION LTD., KISSAN JYOTHI, FORT, THIRUVANANTHAPURAM- 695023, REPRESENTED BY ITS MANAGING DIRECTOR. 3. MANAGING DIRECTOR, KERALA AGRO INDUSTRIES CORPORATION LTD., KISSAN JYOTHI, FORT, THIRUVANANTHAPURAM- 695023. ADV. SRI.E.K.NANDAKUMAR FOR R2-3 SRI.A.K.JAYASANKAR NAMBIAR FOR R2-3 SRI.K.JOHN MATHAI FOR R2-3 SRI.P.BENNY THOMAS FOR R2-3 SRI.ANIL D. NAIR FOR R2-3 BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11542/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT DT. 17.9.04 IN WPC. NO.23186/03. P2:- COPY OF THE COUNTER AFFIDAVIT FILED IN CON.CASE(C) NO.187/03 ON BEHALF OF THE CORPORATION. P3:- COPY OF THE JUDGMENT DT. 1.4.05 IN CON.CASE © NO.187/05. P4:- COPY OF THE LETTER NO.A1/548/737 DT. 13.4.05 FROM THE 2ND RESPONDENT. P5:- COPY OF THE LETTER NO.A-1/548/938 DT. 27.5.05 FROM THE 2ND RESPONDENT. P6:- COPY OF THE ORDER DT. 27.10.06 IN CON. CASE © NO.187/05. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE LIST OF DUES PAYABLE TO THE STATUTORY AUTHORITIES AS WELL AS EMPLOYEES OF THE 2ND RESPONDENT R2(b):- COPY OF THE RELEVANT EXTRACT OF AUDITED ACCOUNTS OF THE COMPANY FOR THE YEAR 02-03. R2(c):- COPY OF THE COUNTER AFFIDAVIT IN CCC. NO.187/05 DT. 8.2.05 ALONG WITH THE ANNEXURES. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 11542 of 2007 --------------------------------------------------- Dated this the 8th day of January, 2009 JUDGMENT The writ petition is filed seeking for a direction to the respondents to pay the interest on gratuity due to the petitioner, as granted by this Court in Ext.P1 judgment 2. The petitioner had retired from service in August 2002. A reading of Ext.P1 judgment shows that even though an amount of Rs.1,77,646/- was payable as terminal benefits, there were certain items of liabilities fixed against him. After considering various aspects, this Court was passed a judgment directing the payment of balance amount within a period of four months from the date of judgment. The operative portion of the judgment is reproduced below:- “In the above circumstances, I dispose of the writ petition as follows. There shall be recovery only of the following amounts:- (1)Rs.7480/- which is the monetary value of punishment of barring the increment. (2)Rs.12859/- towards the cash shortage. (3)Rs.44,794/-, which is the liability towards the Staff Co-operative Society. After deducting the amounts mentioned above, the petitioner shall be paid the balance within a period of four months from today, taking note of the fact that the petitioner already retired from service in August, 2002. In the event of delay beyond the wpc:11542 of 2007 2 said period of four months the petitioner will be entitled to get interest at the rate of 8% on the gratuity.” 3. Going by the same the respondents are liable to pay interest, if the balance amount as directed in the judgment is not paid within a period of four months and the rate of interest allowed is 8%. In paragraph 6 of the writ petition it is stated that the balance amounts were paid by two instalments of Rs.56,257/- and Rs.56,256 on 13.4.2005 and 27-5-2005 respectively. Such payments are evidenced by the communications Exts.P4 and P5. Therefore, the dates of payment cannot be disputed at all. They are beyond the period fixed in Ext.P1 judgment The petitioner claims an amount of Rs.23,736/- as interest that is payable to him consequent on the delayed payment of the amount. 4. Respondents have filed a counter affidavit, wherein the stand taken is that the delay occurred earlier in making the payment was due to the adverse financial conditions in the establishment. It is pointed out that the steps were being taken to revive the establishment. The said averments relate to the situation which were prevailing before Ext.P1 judgment was rendered by this court. Obviously they are referring to the state of affairs which resulted in the delay in finalising the liability and in arriving at the correct amount due to him. But the said stand cannot be adopted by the respondents in the present writ petition, since going by Exts.P4 and wpc:11542 of 2007 3 P5 the admitted amounts have been paid beyond the period stipulated in Ext.P1 judgment. Therefore the petitioner is entitled for the benefit of Ext.P1 judgment wherein the interest at 8% is allowed on the gratuity amount. The said judgment is binding on the parties and has become final. Therefore the writ petition is allowed. There will be a direction to the second respondent to calculate and make payment of the interest on the gratuity amount at 8% as directed in Ext.P1 judgment within a period of one month from the date of receipt of a copy of this judgment. The writ petition is allowed as above. T.R.RAMACHANDRAN NAIR, JUDGE bps