IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 30209 of 2010(A) ---------------------------------------- PETITIONER(S): ---------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): ------------------------- 1. G.RAJAGOPAL MEERA BHAVAN, VETTIPUZHA SOUTH, PUNALUR PO. 691 305. 2. C.R.BALACHANDRAN NAIR, KALEELIL AERAM, THADICAUD PO,ANCHAL.691 306. 3. P.BHAVANI, ABHILASH BHAVAN, ANCHAL PO, ANCHAL.691 306. 4. M.VISWANATHAN NAIR,MANAGALATHU VEEDU, THONICHAL, EDAMON PO.691 307. 5. K.S.ABRAHAM, KOOTHOTHARA HOUSE, MANIYAR PO,PUNALUR. 691 305. 6. K.SURENDRAN PILLAI, SARADA BHAVAN, NEAR VETTIPUZHA,PUNALUR.691 305. 7. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER, KOLLAM.691 001. 8. THE REGIONAL JOINT LABOUR COMMISSION, KOLLAM. 691 001. R1 TO R6 BY ADV. SRI.K.K.RAJEEV R7 & R8 BY GOVT. PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, ALONG WITH WPC NO. 30950 OF 2010 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).Nos.30209, 30950, 30972, 30976, 30980 and 30989 of 2010 ----------------------------------------- Dated this the 3rd June, 2011 JUDGMENT These writ petitions are filed by the Kerala State Electricity Board (hereinafter referred to as “the Board” for short) challenging the orders passed by the Appellate Authority under the Payment of Gratuity Act, 1972 refusing to condone the delay in filing appeals from the orders passed by the Controlling Authority on applications filed by former employees of the Board for payment of gratuity. The main contention raised in the appeals was that the former employees of the Board are entitled to payment of gratuity only in terms of the provisions contained in Part III of the Kerala Service Rules (KSR for short) and not under the Payment of Gratuity Act and therefore, the orders passed by the Controlling Authority and liable to be set aside. 2. When the writ petitions came up for hearing today Sri.Asok M.Cherian, learned counsel appearing for the Board submitted that the Board has by order No.B.O(FB)No.1313/2011 (PS1/Gratuity/TVPM/2006) dated 24.5.2011 decided to apply the provisions of the Payment of Gratuity Act, 1972 to the employees W.P(C).Nos.30209, 30950, 30972, 30976, 30980 and 30989 of 2010 -:2:- of the Board and to withdraw the special leave petition filed by the Board before the Hon'ble the Supreme Court of India challenging the judgment of this Court in O.P.No.674 of 2002 wherein this Court had upheld the claim of a retired employee of the Board for gratuity under the Payment of Gratuity Act, 1972. The learned counsel for the Board submitted that in view of the aforesaid development, the Board is not prosecuting these writ petitions and the writ petitions may be dismissed as not pressed. The learned counsel for the Board also submitted that as a large number of applications for payment of gratuity under the Payment of Gratuity Act have been disposed of by the Controlling Authority/Appellate Authority, the Board may be given three months time to pay or deposit the principal amount of gratuity and six months time from the date of deposit of the principal amount for payment of the interest portion. The learned counsel for the party respondents did not seriously oppose the said request. In the light of the above submission, these writ petitions are dismissed as not pressed. The Board shall disburse or deposit for payment to the party respondents in these writ petitions the principal amount of gratuity payable to them in terms of the orders passed by the Controlling Authority under the Payment of Gratuity Act, 1972 and the interest thereon at the applicable W.P(C).Nos.30209, 30950, 30972, 30976, 30980 and 30989 of 2010 -:3:- rates. The principal amount of gratuity shall be paid directly or deposited for payment, if it has not so far been paid or deposited, within three months from today. The interest on the amount of gratuity from the due date till the date of payment to the employee or the date of deposit before the Controlling Authority shall be disbursed within six months thereafter. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).Nos.30209, 30950, 30972,30976, 30980 and 30989 of 2010 ---------------------------- JUDGMENT 3rd June, 2011