IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34003 of 2011(A) -------------------------- PETITIONER(S): --------------- M.D.SOMANATHAN, AGED 62 YEARS, S/O.LATE N.K.DAMODARAN UNNI, SENIOR SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SREE SAMBHU BHAVANAM, SASTHA TEMPLE ROAD, PALLURUTHY, KOCHI 6 BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM 695 004 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD P.O. 682 030 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD P.O. 682 030 BY ADVOCATE SRI.K.S.ANIL, SC FOR R1 GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.34003/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOCOPY OF ORDER DATED 3.10.2005 IN G.C.NO.91 OF 2005 EXT.P2. TRUE PHOTOCOPY OF ORDER IN G.A.NO.36 OF 2007 EXT.P3. TRUE PHOTOCOPY OF APPLICATION DATED 22.4.2006 OF PETITIONER. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.34003 of 2011 ----------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT The petitioner is a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement he was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after his retirement, relying on the decision of this Court in O.P.No.674 of 2002 the petitioner filed an 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. The appeal filed from Ext.P1 was dismissed by Ext.P2 order. 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 before the appellate authority, it has not so W.P(C)No.34003/2011 -:2:- far been disbursed to him, though the appeal stands dismissed. It is also stated that the interest payable to the petitioner in terms of the order passed by the Controlling Authority, has also not been deposited so far. In this writ petition, the petitioner seeks an order directing the Board to pay the balance amount of gratuity 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 the liability of the Board to pay interest may be limited till the date of deposit of the principal amount of gratuity. 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 W.P(C)No.34003/2011 -:3:- 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: (i) The Board shall within six months from today deposit before the Controlling Authority the amount payable to the petitioner by way of interest calculated in terms of Ext.P1 order computed with reference to 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) It will be open to the petitioner to withdraw the principal amount of gratuity already deposited before the appellate authority unconditionally. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.34003 of 2011 ---------------------------- JUDGMENT 20th December, 2011