IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25877 of 2011(H) -------------------------- PETITIONER(S): --------------- V.R.SARA, (APPLICANT IN G.C.281/05) AGED 71, W/O.K.V.JOSE, V/65, NEW LANE, THOTTAKKATUKARA, ALUVA. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): --------------- 1. KERALA STATE ELECLTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OG GRATUITY ACT (DISTRICT LABOUT OFFICER, ERNAKULAM) PIN-682 030. 3. REGIONAL LABOUT COMMISIONER, OFFICE OF THE DISTRICT LABOUR OFFICE, CIVIL STATION KAKKANADU,ERNAKULAM-682 030. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF LABOUT AND REHABILITATION,THIRUVANANTHAPURAM-695 001. R3 & R4 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR R1 BY SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.25877/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE RELEVANT PAGE OF THE ORDER DATED 20.08.2007 OF THE 2ND RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.25877 of 2011 ----------------------------------------- Dated this the 29th day of September, 2011 JUDGMENT The petitioner is a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement she was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after her retirement, relying on the decision of this Court in O.P. No.674 of 2002 the petitioner filed 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 applicable rates from the due date. This writ petition is filed contending that though Ext.P1 order has become final, till date, the principal amount of gratuity directed to be paid by the Controlling Authority and the interest thereon have not been paid to her. In this writ petition, the petitioner seeks an order directing the Board to disburse the amount payable in terms of W.P(C).No.25877 of 2011 -:2:- Et.P1 order within a time limit to be fixed by this Court. 2. Sri.K.S.Anil, the learned standing counsel appearing for the Board submitted that the principal amount payable has already been deposited, 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 therefore the Board will take steps to deposit the interest portion payable in terms of Ext.P1 order 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 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 of gratuity and six months' time from the date of deposit of the W.P(C).No.25877 of 2011 -:3:- principal amount 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: (i) The Board shall within six months from today deposit before the Controlling Authority the amount payable to the petitioner by way of interest in terms of Ext.P1 order 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 amount deposited. (iii) The petitioner will also be free to unconditionally withdraw the principal amount already deposited by the Board. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.25877 of 2011 ---------------------------- JUDGMENT 29th September, 2011