IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24169 of 2011(U) -------------------------- PETITIONER(S): --------------- 1. G.ALBEEBNA, AGED 63 YEARS, SENIOR SUPERINTENDENT (RETD.) KERALA STATE ELECTRICITY BOARD, RESIDING AT 'THENGUVILA VEEDU', NEAR K.E.L.,KUNDARA. 2. N.REGHUNATHAN PILLAI, AGED 67 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT THIRUNALLUR PUTHENVEEDU, KANJIRACODE, KUNDARA. 3. K.YOHANNAN, AGED 68 YEARS, LINE ASSISTANT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KANJIRAMVILA VEEDU, MULAVANA P.O., KUNDARA. 4. R.VIJAYAN,AGED 65 YEARS, OVERSEER(RETD.) KERALA STATE ELECTRICITY BOARD, RESIDING AT ANIL BHAVAN, MULAVANA P.O., KUNDARA. 5. R.SUKUMARAN, AGED 67 YEARS, S/O.RAMAN, LINE ASSISTANT (RETD.) KERALA STATE ELECTRICITY BOARD, RESIDING AT CHARUVILA VEEDU, CHERUMOODU, VELIMON P.O., KOLLAM DISTRICT. 6. S.NARAYANA PILLAI, AGED 62 YEARS, ASST.EXECUTIVE ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KANCHANA NIVAS, PERUMPUZHA P.O., KUNDARA. 7. K.N.CHELLAPPAN, AGED 70 YEARS, LINE ASSISTANT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT BIJU SADANAM, PUNKANNOOR, PERUMPUZHA P.O., KOLLAM DISTRICT. 8. R.RAVEENDRAN PILLAI, AGED 68 YEARS, ASST.ENGINEER (RETD.), KERALA STATE ELECTRICTY BOARD, RESIDING AT NARAYANA MANGALAM, KOZHIKODE, KATTADI POOYAPILLY P.O., KOLLAM DISTRICT. WP(C).No. 24169 of 2011 -2- 9. RAJAN BABU, AGED 63 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT ARUN NIVAS, PATTAMTHURUTH, PERINADU P.O., KOLLAM DISTRICT. 10. K.THOMAS, AGED 71 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT NEDIYAVILA VEEDU, THRIPPILAZHIKAM P.O., KUNDARA. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, NEAR CIVIL STATION, KOLLAM-691013. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR, NEAR CIVIL STATION, KOLLAM-691013. GP SRI.M.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24169 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE PHOTOCOPY OF COMMON ORDER DATED 15.1.2008 IN G.C.118 OF 2006 AND CONNECTED CASES EXT.P2- TRUE PHOTOCOPY OF COMMON ORDER DATED 15.1.2008 IN G.C.49 OF 2006 AND CONNECTED CASES EXT.P3- TRUE PHOTOCOPY OF COMMON ORDER DATED 15.1.08 IN G.C.320 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT EXT.P4- TRUE PHOTOCOPY OF COMMON ORDER DATED 16.6.06 IN G.C.01 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT EXT.P5- TRUE PHOTOCOPY OF COMMON ORDER DATED 17.6.06 IN G.C.183 TO 201 OF 2005 OF 2ND RESPONDENT EXT.P6- TRUE PHOTOCOPY OF COMMON ORDER DATED 12.6.06 IN G.C.135 OF 2005 AND CONNECTED CASES OF 2ND RESPONDENT EXT.P7- TRUE PHOTOCOPY OF COMMON ORDER DATED 15.1.2008 IN G.C.906 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT EXT.P8- TRUE PHOTOCOPY OF COMMON ORDER DATED 15.1.08 IN G.C.665 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT EXT.P9- TRUE PHOTOCOPY OF COMMON ORDER DATED 15.1.08 IN G.C.179 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT EXT.P10- TRUE PHOTOCOPY OF APPLICATION DATED 14.3.11 SUBMITTED BY THE 1ST PETITIONER (True copy) P.A. To Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24169 OF 2011 -------------------------- Dated this the 6th 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 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. 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. 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, the interest payable to the petitioners in terms of the orders passed by the Controlling Authority has not been deposited so far. In this writ petition, WPC No.24169/2011 2 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 24.5.2011 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 interest portion expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment the Board may be granted at least six months' time from today 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 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 WPC No.24169/2011 3 respective due dates 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 six months from today deposit the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 to P9 orders 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. P.N.RAVINDRAN, (JUDGE) vps