IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20468 of 2011(G) -------------------------- PETITIONER(S): ---------------------- 1. N.JANARDHANAN, KOLLATHERIL HOUSE, PALACE WARD, KAYAMKULAM 690 502. 2. R.VIJAYAN PILLAI, POURNAMI, PADA NORTH KARUNAGAPPALLY 690 518. 3. K.NANOO, MANNANTHEKKATHIL, EDAKULANGARA, KARUNAGAPPALLY 690 562. 4. A.SHAMSUDEENKUTTY, EDAVANTHAZHATHU CHANGANKULANGARA, VAVAKKAD PO, KARUNAGAPPALLY 690 528. 5. P.M.YOUNUSKUTTY,PALLEYYATH, NORTH MYNAGAPPALLY PO,KOLLAM 690 519. 6. K.SADASIVAN NAIR, KOCHUVEETTIL, ADINADU NORTH,KARUNAGAPPALLY 690 542. 7. M.GOPALAKRISHNA PILLAI, CHAVADIYIL, VENGARA, KODIYOOR NORTH. 8. E.SADANANDHAN, ANANDHA BHAVANAM, KADATHOOR PO, THAZHAVA ,KOLLAM 690 523. 9. K.V.RAMANAN, CHITTORTHARAYIL,PADA NORTH KARUNAGAPPALLY PO, PIN 690 518. 10. SIVAN PILLAI R, NIKUNJAM, ADINATH SOUTH KATTILKADAVU PO, KARUNGAPPALLY 690 542. 11. G.BABU, SREEJI NIVAS, KALLELI BHAGAM, KARUNAGAPPALLY 690 546. BY ADV. SRI.K.K.RAJEEV WP(C).No. 20468 of 2011(G) ------------------------------------ RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD VUDHUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN 695 004. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND DISTRICT LABOUR OFFICER KOLLAM 691 001. 3. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER KOLLAM 691 001. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, THIRUVANANTHAPURAM 695 001. BY ADV. SRI.K.S.ANIL, SC, KSEB BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20468 of 2011(G) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE ORDER DT. 21.01.2006. EXT.P2. COPY OF THE ORDER DT. 3.8.2010 OF THE 3RD RESPONDENT. EXT.P3. COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% DIRECTED IN EXT.P1. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.20468 of 2011 ------------------------------- Dated this the 27th day of July, 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 their 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 order passed on 21.6.2006, the Controlling Authority allowed the applications and directed payment of the difference in the amount of gratuity with interest at applicable rates from the respective due dates. The appeal filed by the Board from Ext.P1 was dismissed by Ext.P2 order dated 3.8.2010. This writ petition is filed contending that though the principal amount of gratuity directed to be paid by the Controlling Authority under the Act was deposited and later disbursed on 29.12.2010, the interest payable to the petitioners in terms of the orders passed by the Controlling Authority has not so far been W.P.(C) No.20468/2011 2 deposited. In this writ petition, the petitioners seek an order directing the Board to pay the interest portion expeditiously. 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 24.5.2001 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 interest portion expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment involved, the Board may be granted at least six months' time from today to deposit the interest portion. 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 six months' time from the date of the judgment 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 dates till the date of deposit of the principal amount. I accordingly dispose of the writ petition with the following directions: W.P.(C) No.20468/2011 3 (i) The Board shall within six months from today deposit before the Controlling Authority the amount payable to the petitioners by way of interest calculated in terms of Ext.P1 order computed with reference to the respective due dates till the date of deposit of the principal amount, before the Controlling Authority. (ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited. (iii) If the petitioners have withdrawn the principal amount of gratuity after executing bonds, such withdrawal will be treated as unconditional. P.N. RAVINDRAN, JUDGE. nj.