IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 25887 of 2011(I) -------------------------- PETITIONER(S): --------------- V.JAGADAMMA, AGED 71 YEARS, W/O.RAVEENDRAN PLANICKER M.N., TYPIST (S.G.) (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT ANJANAMKUNNATH HOUSE, EZHAKKARANAD SOUTH P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD P.O.-682 030. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUTITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR CIVIL STATION, KAKKANAD P.O.-682 030. BY SR.GOVT. PLEADER SRI.CYRIAK KURIAN SRI.K.S.ANIL, SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 25887/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE PHOTOCOPY OF ORDER DATED 13/7/2010 IN G.C.NO.470 TO 472 OF 2005. EXHIBIT P2: TRUE PHOTOCOPY OF APPLICATION DATED 20/4/2011 OF PETITIONER. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25887 OF 2011 -------------------------- Dated this the 12th day of October, 2011 J U D G M E N T The petitioner is a former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement she was paid terminal benefit 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 petitioner filed an application 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 order, the Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity with interest at the applicable rate from the due date. This writ petition is filed contending that though the said order has attained finality, the amount directed to be paid by the Controlling Authority has not so far been deposited. In this writ petition, the petitioner seeks an order directing the Board to forthwith deposit the amount payable under Ext.P1 order and to permit her to withdraw the amount thus deposited. 2. Sri.K.S.Anil, the learned standing counsel appearing for the Board submitted that the Board has by order No. B.O.(FB) WPC No.25887/2011 2 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 amount 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 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 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 respective due date till the date of deposit of the principal amount. I accordingly dispose of the writ petition with the following directions: WPC No.25887/2011 3 (i) The Board shall within three months from today deposit before the Controlling Authority the principal amount payable to the petitioner in terms of Ext.P1 order. 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 due date till the date of deposit of the principal amount. (ii) Upon such deposit being made, it will be open to the petitioner to unconditionally withdraw the amounts deposited. P.N. RAVINDRAN, JUDGE. vps