IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 21405 of 2011(A) -------------------------- PETITIONER: --------------- VIMALA, AGED 59, W/O.(LATE) MANI, THARAYIL PARAMBA, ARAKKINAR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN RESPONDENTS: --------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KOZHIKODE-673020. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER, CIVIL STATION, KOZHIKODE-673020. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695001. BY SR. GOVT. PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 21405/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 28.11.2005 PASSED IN G.C.NO.346/04 EXT.P2 : COPY OF THE DEATH CERTIFICATE DATED 2.6.2005 ISSUED BY THE BEYPORE GRAMA PANCHAYAT EXT.P3 : COPY OF THE SURVIVING FAMILY MEMBERSHIP CERTIFICATE DATED 7.7.2010 ISSUED BY THE VILLAGE OFFICER BEYPORE RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 21405 OF 2011 -------------------------- Dated this the 5th day of August, 2011 J U D G M E N T The petitioner is the wife of late M.Mani, a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Late Sri.M.Mani retired from service on 28.2.2000. Upon retirement, he was paid terminal benefits including gratuity computed in terms of the provisions contained in the Kerala Service Rules. Long after retirement, relying on the decision of this Court in OP No.674 of 2002, which was later affirmed by the Division Bench of this Court in W.A. No.1062 of 2003, the petitioner's husband filed an application under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) before the second respondent seeking payment of gratuity thereunder. The Board resisted the application raising various contentions including the contention that the judgment of this Court in OP No.674 of 2002 has not attained finality. The Controlling Authority under the Act overruled the contentions raised by the Board and by Ext.P1 order passed on 28.11.2005 directed payment of the sum of Rs.21,788/- to the petitioner's husband together with interest at 10 % per annum from the due date till the date of payment. The Board challenged the said order by filing an appeal. That appeal was dismissed. In the meanwhile, the petitioner's husband passed away on 26.5.2005. This writ petition is filed contending that though Ext.P1 order has attained finality, till date, the WPC No.21405/2011 2 principal amount of gratuity deposited by the Board before the Controlling Authority has not been disbursed to the petitioner. It is also stated that the interest which the petitioner's late husband was entitled to receive has also not been disbursed. 2. When the writ petition came up for hearing today, Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has issued order No.B.O.(FB) No.1313/2011 (PSI/Gratuity/TVPM/2006) dated 24.5.2011 whereby it has resolved to adopt and apply the provisions contained in the Act in the matter of payment of gratuity to employees of the Board and therefore it has no objection in the petitioner withdrawing the principal amount deposited by the Board unconditionally. He also submitted that the Board will deposit the interest portion computed from the date on which the gratuity fell due till the date of deposit of the principal amount before the Appellate Authority expeditiously. The learned standing counsel also submitted 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. In such circumstances, I dispose of the writ petition with the following directions: (i) It will be open to the petitioner and the other legal heirs of late M.Mani, the applicant in the Gratuity Case disposed of by Ext.P1 order, to withdraw the principal amount of gratuity deposited by the Board before the WPC No.21405/2011 3 Appellate Authority unconditionally. (ii) The Board shall within three months from the date of receipt of a certified copy of the judgment, deposit the interest portion of the amount covered by Ext.P1 order computed with reference to the date on which the amount became payable till the date of deposit of the principal amount of gratuity before the Controlling Authority. (iii) Upon such deposit being made, it will be open to the petitioner and the other legal heirs of late M.Mani, to withdraw the same unconditionally. (iv) The petitioner shall produce before the Appellate Authority/Controlling Authority a letter of consent executed by the other legal heirs of late M.Mani authorising the petitioner to withdraw the amount deposited by the Board. P.N.RAVINDRAN, (JUDGE) vps