IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34758 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. T.R.VISWAMBARA PANICKER, S/O.T.K.GOPALAN, SAGARIKA HOUSE, RAGAMALIKAPURAM, POOTHOL POST, THRISSUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT (GC 130/11) 2. M.S.VASU, KADANTHARA HOUSE, CHEPPANAM, PANANGAD POST, PANANGAD VILLAGE, KOCHI TALUK ERNAKULAM DISTRICT 9GC 133/11) 3. MARY RAPHEL.M., KATTUNIPATH HOUSE, PALARIVATTOM POST, EDAPPILLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT (GC 134/11) BY ADV. SRI.P.V.SANTHOSH JOSE SMT.DIVYA B.NAIR RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REP. BY ITS SECRETARY PIN 695 001 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER, ERNAKULAM) CIVIL STATION, KAKKANAD, ERNAKULAM 3. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM R1 BY ADV.SRI.K.S.ANIL, SC R2 & R3 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.34758/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE ORDER DATED 4.10.2011 PASSED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONERS. EXT.P2. TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P(C)11002/2011 EXT.P3. TRUE COPY OF THE RESOLUTION DATED 24.05.2011 PASSED BY THE 1ST RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.34758 of 2011 ----------------------------------------- Dated this the 22nd day of December, 2011 JUDGMENT 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 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 Ext.P1 order has become final, till date the amount of gratuity directed to be paid by the Controlling Authority and the interest thereon have not been deposited. In this writ W.P(C).No.34758 of 2011 -:2:- petition, the petitioners seek an order directing the Board to deposit the same. 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 therefore the Board will take steps to deposit the amount covered by 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 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. 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 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 three months' W.P(C).No.34758 of 2011 -:3:- 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 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 the principal amount payable to the petitioners in terms of Ext.P1 order and shall within six months from the date of deposit of the principal amount deposit the interest portion computed with reference to the respective due dates till the date of deposit of the principal amount, before the Controlling Authority. (ii) Upon such deposits being made, it will be open to the petitioners to unconditionally withdraw the amounts deposited. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.34758 of 2011 ---------------------------- JUDGMENT 22nd December, 2011