IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 22994 of 2011(Y) ----------------------------------------- PETITIONER(S): ------------------------- 1. S.GOPINATHAN PILLAI, AGED 61 YEARS, OVERSEER (RETIRED)KERALA STATE ELECTRICITY BOARD, RESIDING AT LEKSHMI PTHEN VEEDU,KANNIMELECHERY, KADAVAND,KOLLAM DISTRICT. 2. N.VANARARAJAN,AGED 61 YEARS, OVERSEER (RETIRED)KERALA STATE ELECTRICITY BOARD, RESIDING AT CHAITHANYA, MULAVANA P.O., KOLLAM DISTRICT. 3. T.P.CHANDRAN, AGED 60 YEARS, OVERSEER (RETIRED)KERALA STATE ELECTRICITY BOARD, RESIDING AT MANU BHAVAN, THATTAMALA,KOLLAM DISTRICT. 4. P.K.RAMACHANDRAN NAIR, AGED 60 YEARS, ASST.EGNINEER (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT SREE GOVINDAM, KAVANAD, KOLLAM DISTRICT. 5. S.BHADRAMMA PILLAI, AGED 53 YEARS, W/O.LATE P.THULASEEDHARAN PILLAI, RESIDING AT SREELAKSHMY, KANNIMELCHERY, KOLLAM DISTRICT. 6. B.MOHANACHANDRAN,AGED 63 YEARS, ASST.ENGINEER (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT SREE DHANYA, MUNDAKKAL WEST, KOLLAM DISTRICT. 7. K.U.SHAMSUDHEEN KUTTY, AGED 64 YEARS, SENIOR SUEPDT.(RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT PULIMOOTTIL VEEDU, BEACH NORTH, KOLLAM DISTRICT. 8. K.RAVEENDRAN, AGED 68 YEARS, SENIOR SUEPDT.(RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT VARIKKATTU, THIRUMULLAVARAM P.O. KOLLAM DISTRICT. 2/- -2- WP(C)NO.22994/2011 9. G.KRISHNANKUTTY NAIR, AGED 66 YEARS, ASST.ENGINEER(RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT SANADU,VALATHUNGAL P.O., KOLLAM DISTRICT. 10. V,K.CHANDRABOSE, AGED 62 YEARS, SENIOR SUPDT.(RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT REVATHY,KOOTTIKADA P.O., KOLLAM DISTRICT. 11. J.CLEATES, AGED 66 YEARS, OVERSEER, (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT KANDACHAMKULAM, MATHILIL P.O., KOLLAM DISTRICT. 12. S.RANGANATHAN ACHARY,AGED 65 YEARS, ASST.ENGINEER (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT UDAYA PINACKAL, NEAR VAZHAPPALLY SCHOOL,UMAYANALLOORE. P.O., KOLLAM. 13. F.PHILOMINA,AGED 63 YEARS, W/O.PIOUS, SENIOR SUPDT.(RETIRED)KERALA STATE ELECTRICITY BOARD, RESIDING AT ANGEL DALE, MATHILIL P.O., KOLLAM DISTRICT. 14. K.JOY, AGED 70 YEARS, ASST.ENGINEER, (RETIRED)KERALA STATE ELECTRICITY BOARD, RESIDING AT PENIEL VEEDU, PARACODE P.O., KOLLAM DISTRICT. 15. K.P.RAMAKRISHNA PILLAI, AGED 72 YEARS, SUB ENGINEER,(H.G.),(RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT PADMALAYAM, NAROOR P.O.,KOLLAM DISTRICT. 16. M.SHAMSUDHEEN, AGED 70 YEARS, DY.CHIEF ENGINEER (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT SANARA, M.G.NAGAR, POLAYATHODE,KOLLAM DISTRICT. 17. J.INDIRA BAI, AGED 69 YEARS, SR.SUPERINTENDENT (N.C.) (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT INDIRAGIRI, KADAPPAKADA,KOLLAM DISTRICT. 18. K.V.PADMAVATHY AMMA, AGED 72 YEARS, SR.SUPERINTENDENT (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT RAJKOT, KADAPPAKADA,KOLLAM DISTRICT. 3/- -3- WP(C)NO.22994/2011 19. S.SILVESTER, AGED 64 YEARS, SR.SUPERINTENDENT (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT CARMEL BHAVAN, MEKKAD, CHAVARA P.O.,KOLLAM. 20. S.SUPRABHA, AGED 62 YEARS, W/O.LATE N.VIJAYAN, RESIDNG AT ANJALI, KOTTIYAM P.O., KOLLAM DISTRICT. 21. P.G.OMANAKUTTAN PILLAI, AGED 62 YEARS, JUNIOR ENGINEER (RETIRED)KERALA STATE ELECTRICITY BOARD,RESIDING AT PANATHUVILAYIL, VADAKKUMBHAGOM, CHAVARA SOUTH, KOLLAM DISTRICT. 22. P.GOPI, AGED 69 YEARS, JUNIOR ENGINEER, (RETD.), KERALA STATE ELECTRICITRY BOARD, RESIDING AT SREENILAYAM, EDAVATTOM, VELLIMON, KOLLAM. 23. K.VASANTHAN, AGED 63 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITRY BOARD, RESIDING AT ASWATHY, PATTATHANAM NAGAR, KOLLAM DISTRICT. 24. A.GOPALAKRISHNA PILLAI, AGED 63 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITRY BOARD, RESIDING AT KATTUVILA VEEDU, KOTTACKAKAM, PERINAD, KOLLAM DISTRICT. 25. K.SIVASANKARA PILLAI, AGED 63 YEARS, JUNIOR FAIR COPY SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITRY BOARD,RESIDING AT PLAVILA VEEDU,CHATHINAMKULAM,CHANDANATHOPPE P.O., KOLLAM. 26. P.RAMAKRISHNAN, AGED 64 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITRY BOARD,RESIDING AT RADHA MANDIRAM, KOTTIYAM, KOLLAM DISTRICT. 27. M.SHAHUDEEN, AGED 63 YEARS,OVERSEER, (HG), (RETD.), KERALA STATE ELECTRICITRY BOARD, RESIDING AT SHEEJA MANZIL, KANNANALOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.P.M.MOHAMMED SHIRAZ 4/- -4- WP(C)NO.22994/2011 RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY IT SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O.,THIRUVANATHAPURAM-695 004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, NEAR CIVIL STATION, KOLLAM-691 013. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR,NEAR CIVIL STATION, KOLLAM-691 013. R1 BY ADV.SRI.K.S.ANIL,SC,KSEB R2 & R3 BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.22994/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.830,831,832,835,836,837,838 & 839 OF 2006 OF 2ND RESPONDENT. P2 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.512 TO 520 OF 2006 OF 2ND RESPONDENT. P3 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.624,783,786,805,806,864,878,886 & 927 OF 2006 OF 2ND RESPONDENT. P4 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.992, 993,995,999,1007,1009,1057,1058,1060,1061,1064,1066 & 1076 OF 2006 OF 2ND RESPONDENT. P5 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.49,50,52,53,54,55,57 TO 62 OF 2006 OF 2ND RESPONDENT. P6 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.665,698,701,702,703 & 704 OF 2006 OF 2ND RESPONDENT. P7 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.179,305,355,509 & 724 OF 2006 OF 2ND RESPONDENT. P8 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.829,841,955,957,960,962 & 963 OF 2006 OF 2ND RESPONDENT. P9 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.167,168,171,172,174,175,184,188,189 AND 191 OF 2006 OF 2ND RESPONDENT. P10 COPY OF THE COMMON ORDER DATED 15/01/2008 IN G.C.NOS.118,169,176,178,304,330,324,994,1002 & 1008 OF 2006 OF 2ND RESPONDENT. P11 COPY OF THE APPLICATION DATED 14/07/2011 SUBMITTED BY 1ST PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22994 OF 2011 -------------------------- Dated this the 24th day of August, 2011 J U D G M E N T 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. 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 disbursed, the interest payable to the petitioners in terms of the orders passed by the Controlling Authority has WPC No.22994/2011 2 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 involved, the Board may be granted at least six months' time from today to deposit the interest portion and 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 WPC No.22994/2011 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 the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 to P10 orders computed with reference to the respective due dates till the date of deposit of the principal amount, before the Controlling Authority. (ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited. P.N.RAVINDRAN, (JUDGE) vps