IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 30193 of 2011(Y) -------------------------- PETITIONER(S): --------------- 1. C.K.RAMACHANDRAN PILLAI, AGED 65 YEARS, ASST.FINANCE OFFICER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT INDIRA BHAVAN, THATTARAMBALAM.P.O., MAVELIKKARA. 2. E.LATHEEF, AGED 66 YEARS, OFFICE ATTENDANT [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT MAKALUVILAYIL, CHUNAKKARA SOUTH, CHARUMOODU.P.O. 3. K.MADHAVAN NAMBOOTHIRI, AGED 68 YEARS, ACCOUNTS OFFICER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT VAIRASSERI MADHOM, VETTUVENI, HARIPPAD.P.O. 4. K.M.THOMAS, AGED 69 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT KARIYADIYL PUTHENVEEDU, PALLIKKAL EAST, THEKKEKARA. 5. J.INDIRAMMA, AGED 66 YEARS, ASST.ACCOUNTS OFFICER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT PANACKAL HOUSE, KANDIYOOR, MAVELIKARA. 6. N.SIVARAMAN PILLAI, AGED 68 YEARS, ELECTRICIAN GRADE-I [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT JYOTHI BHAVANAM, PALLICKAL EAST, THEKKEKARA.P.O., MAVELIKARA. 7. K.M.SAPHIYUDHEEN, AGED 68 YEARS, ASSISTANT ENGINEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT MUZHANGODIYIL ERAKKAD, CHINGOLI.P.O., KARTHIKAPILLY. WP(C).No. 30193 of 2011(Y) 2 8. K.SUMATHY, AGED 65 YEARS, SUPERINTENDENT [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT VELANTHARA, OLAKETTIYAMBALAM.P.O., MAVELIKARA. 9. K.C.ALEYAMA, AGED 67 YEARS, SENIOR SUPERINTENDENT [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT KALLELI VEEDU, KARICHAL, PAYIPAD.P.O., HARIPAD. 10. K.GOPALAKRISHNAN, AGED 66 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT THAYYIL PADEETTATHIL, PONAKAM, MAVELIKARA. 11. K.RAGHAVAN, AGED 66 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT KOCHUVILA KUTTIYIL, PALLARIMANGALAM, MEVELIKARA. 12. K.KRISHNAN KUTTY, AGED 66 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT EDAYILE VEEDU, PALLARIMANGALAM, MEVELIKARA. 13. S.KRISHNANKUTTY PILLAI, AGED 66 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT HAREESH BHAVANAM, PALLARIMANGALAM, MEVELIKARA. 14. V.N.RAJAN, AGED 65 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT ISWARYA, ERUVA EAST, ERUVA.P.O., KAYAMKULAM. 15. K.RAMACHANDRAN NAIR, AGED 63 YEARS, SUB ENGINEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT 16. K.BHASKARAN, AGED 63 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT ALAPPATTU VEEDU, T.P.SOUTH, HARIPAD.P.O. 17. A.CHELLAPPAN, AGED 64 YEARS, SUB ENGINEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT PULIMOOTTIL VEEDU, CHIRACKADAVAM, KAYAMKULAM. WP(C).No. 30193 of 2011(Y) 3 18. K.PANKAJAKSHAN, AGED 62 YEARS, SENIOR ASSISTANT [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT 'SOURABHA', KOTTARKAVU, MAVELIKARA. 19. K.KESAVANKUTTY, AGED 65 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT KALLUKUZHIYIL VEEDU, PONAKAM, MAVELIKARA. 20. K.THANKAMONY, W/O.K.N.SANKARANKUTTY NAIR, KATTUMADATHIL, PONNARAMTHOTTAM, MAVELIKARA. 21. G.VASUDEVAN PILLAI, AGED 64 YEARS, ELECTRICITY WORKER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT VADAKKE VARAMPATHANATHU, MANKUZHY, PALLARIMANGALAM.P.O., MAVELIKARA. 22. G.YESHODHARAN, AGED 63 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT BIJU BHAVANAM, PERINGALA.P.O., KAYAMKULAM. 23. O.GOPALAKRISHNA PILLAI, AGED 64 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT MANJADIYIL, PONAKAM, MAVELIKARA. 24. K.SIVANKUTTY, AGED 64 YEARS, DRIVER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT KAILASAM, EREZHA SOUTH, CHETTIKULANGARA. 25. V.RAVEENDRAN, AGED 62 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT SUNITHA BHAVANAM, CHERAVALLY, KAYAMKULAM. 26. V.KOCHUKUNJU, AGED 70 YEARS, OFFICE ATTENDANT [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT NADUILE KIZHAKKETHIL HOUSE, KANNANKUZHI.P.O., CHARUMOODU. 27. Y.PHILIPOSE, AGED 63 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT MUZHAKKUTTICKAL HOUSE, VETTIYAR.P.O., MAVELIKARA. WP(C).No. 30193 of 2011(Y) 4 28. G.SANTHAMMA, AGED 70 YEARS, SENIOR SUPERINTENDENT [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT SANTHOSH BHAVAN, CHERUKOLE.P.O., MAVELIKARA. 29. S.RAMAKRISHNAN, AGED 66 YEARS, LINEMAN-I [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT PLAVILAYIL, EREZHA SOUTH, EREZHA.P.O., CHEETIKULANGARA. 30. K.RAMAKRISHNAN NAIR, AGED 72 YEARS, OVERSEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT MUTTATHETHU VEEDU, KARUVATTA.P.O. 31. N.JANAMMA, AGED 70 YEARS, SENIOR ASSISTANT [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT THOPPUVILAYIL, NEAR POWER HOUSE, MAVELIKARA. 32. M.KUTTAPPAN PILLAI, AGED 69 YEARS, SUB ENGINEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT RADHAKRISHNA BHAVAN, PALLICKAL EAST, THEKKEKARA.P.O., MAVELIKARA. 33. C.K.VASUDEVAN PILLAI, AGED 69 YEARS, LINEMAN [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT ONAMPILLIL, THAZHAKKARA, KALLUMALA.P.O., MAVELIKARA. 34. T.T.CHACKO, AGED 69 YEARS, ASST.ENGINEER [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT THAYYIL ANIL BHAVAN, KARUVATTA NORTH.P.O. 35. K.G.KRISHNAN NAIR, AGED 61 YEARS, FOREMAN [RETD], KERALA STATE ELECTRICITY BOARD, RESIDING AT SANTHOSH BHAVAN, CHERUKOLE.P.O., MAVELIKARA. BY ADV. SRI.P.M.MOHAMMED SHIRAZ WP(C).No. 30193 of 2011(Y) 5 RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY IT'S SECRETARY, VYDYUTHI BHAVAN, PATTOM.P.O., THIRUVANANTHAPURAM-695 004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, ALAPPUZHA. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR, NEAR CIVIL STATION, KOLLAM.691 013. 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 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.30193/2011 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE PHOTOCOPY OF COMMON ORDER DATED 22/09/2006 IN G.C.NOS.243 TO 367 OF 2004 OF 2ND RESPONDENT. EXHIBIT P2- TRUE PHOTOCOPY OF COMMON ORDER DATED 20/10/2006 IN G.C.NOS.368 OF 2004 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT P3- TRUE PHOTOCOPY OF COMMON ORDER DATED 31/10/2006 IN G.C.NOS.25 OF 2005 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT P4- TRUE PHOTOCOPY OF COMMON ORDER DATED 30/11/2006 IN G.C.NOS.106 OF 2005 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT P5- TRUE PHOTOCOPY OF COMMON ORDER DATED 13/06/2007 IN G.C.NOS.02 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT P6- TRUE PHOTOCOPY OF APPLICATION DATED 19/09/2011 SUBMITTED BY IST PETITIONER. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30193 of 2011 ----------------------------------------- Dated this the 14th day of November, 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 Exts.P1 to P5 orders 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 W.P(C).No.30193 of 2011 -:2:- orders passed by the Controlling Authority, has not been deposited so far. In this writ petition, 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 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 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 six months' time from the date of the judgment to deposit the interest portion and had W.P(C).No.30193 of 2011 -:3:- 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 petitioners by way of interest calculated in terms of Ext.P1 to P5 orders computed with reference to the respective due dates till the date of deposit of the principal amount. (ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited. (iii) If the petitioners have withdrawn the principal amount of gratuity after executing bonds, such withdrawal will be treated as unconditional. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30193 of 2011 ---------------------------- JUDGMENT 14th November, 2011