IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 31040 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- 1. P.K.SARASAMMA, SENIOR GRADE ASSISTANT, KERALA STATE ELECTRICITY BOARD (RETIRED), W/O.LATE T.V.CHELLAPPAN, AGED 71 YEARS, RESIDING AT THOPPIL HOUSE, PAKKIL P.O., KOTTAYAM-12. 2. T.K.RAJAMMA, SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD(RETIRED), W/O.LATE SREEDHARAN, AGED 69 YEARS, RESIDING AT SREENILAYAM, MARIAPPALLY, NATTOKAM, KOTTAYAM. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-PIN-695004. 3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOTTAYAM-686001. 4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOURCOMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM-682030. R1, 3 & 4 BY GOVT. PLEADER SRI. G. GOPAKUMAR R2 BY ADV. SRI. K.S. ANIL, SC. K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31040/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMON ORDER DATED 04/09/2007 IN G.C.NO.335/2005 AND OTHER CASES OF THE 3RD RESPONDENT. P2: COPY OF THE ORDER DATED 07/09/2007 IN G.C. NO.140/2006 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.31040 of 2011 ----------------------------------------- Dated this the 22nd 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 and P2 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 Exts.P1 and P2 orders have become final, till date the amount of gratuity directed to be paid by the Controlling Authority and the interest thereon have W.P(C).No.31040 of 2011 -:2:- not been deposited. In this writ 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 Exts.P1 and P2 orders expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment involved, the Board may be granted at least three 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 W.P(C).No.31040 of 2011 -:3:- the Board three months' 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 three months from today deposit the principal amount payable to the petitioners in terms of Exts.P1 and P2 orders 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.31040 of 2011 ---------------------------- JUDGMENT 22nd November, 2011