IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 22301 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------- 1. A. ABDUL RAHIMAN KUNJU A, (APPLICANT IN G.C.NO.183/05),S/O. ALI KUNJU, AGED 65, KURUMPOLIL MEKKATHIL, PADA NORTH, KARUNAGAPPALLY. 2. K.SHAMSUDHEEN, (APPLICANT IN G.C.NO.185/05), PANAYAMCHERRY THEKKATHIL, SOUTH-EAST THAZHAVA, SRP MARKET P.O., KARUNAGAPPALLY. 3. RAJAMMA, (LEGAL HEIR OF APPLICANT IN G.C.NO.186/05),W/O.LATE P.BRAHMANANDHAN, KIZHAKKEKUNNEL, PONMANA P.O., CHAVARA, KOLLAM. 4. A. MUHAMMED BASHEER, (APPLICANT IN G.C.NO.187/05), ERUMATHADATHIL KIZHAKKATHIL, EDAKULANGARA P.O., KARUNAGAPPALLY. 5. N. AYYAPPAN,(APPLICANT IN G.C.NO.190/05) PULIMOOTTIL VADAKKETHARA, KOIVILA P.O., THEVALAKKARA, KARUNAGAPPALLY.. 6. K.MUTHUKRISHNAN, (APPLICANT IN G.C.NO.191/05), KRISHNALAYAM, ADINAD NORTH P.O., KARUNAGAPPALLY. Kss ..2/- ..2.... WPC.NO.22301/2011 7. K.V.SUKUMARAN,(APPLICANT IN G.C.NO.193/05) SOUPARNIKA, KULANGARA BHAGOM, CHAVARA P.O., KOLLAM. 8. A.JOSEPH,(APPLICANT IN G.C.NO.194/05), THOLUKADAVIN ERAKKATHU VEEDU, CHAVARA SOUTH P.O., KARUNAGAPPALLY. 9. K.K.SARSASWATHY, (APPLICANT IN G.C.NO.197/05), VRINDAVAN, PULIYOORVANCHI SOUTH, EDAKULANGARA P.O. 10. P. PURUSHAN,(APPLICANT IN G.C.NO.198/05) VAYALIL PUTHEN VEDU, KALARI, PANMANA,CHAVARA P.O. 11. N.PRABHAKARAN, (APPLICANT IN G.C. NO.192/05) CHANGAYETH HOUSE, PEVUMBA SOUTH P.O., KARUNAGAPPALLY. 12. A. ISMAIL KUTTY, (APPLICANT IN G.C.NO.199/05), SINU VILLA, NEELIKULAM, VAVVAKKAVU P.O. 13. M.KOYA KUTTY, (APPLICANT IN G.C.NO.200/05), BUNGLAVIL, KOLLAKA P.O., KARUNAGAPPALLY. 14. M.SAINUDHEEN KUNJU, (APPLICANT IN G.C.NO.201/05) S.N. MANZIL, PADA SOUTH, KARUNAGAPPALLY. 15. ELIZABETH, (LEGAL HEIR OF APPLICANT IN G.C.NO.1/06),W/O.LATE G.LAWRENCE, KUMBALATH, KOTTAKKUPURAM, ADINADU NORTH, CLAPPANA P.O., KARUNAGAPPALLY. 16. B.BALAKRISHNA PILLAI, (APPLICANT IN G.C.NO.3/06), THAYYIL VEEDU, KALARI, PANMANA, CHAVARA P.O., KOLLAM. Kss ..3/- ..3... WPC.NO.22301/2011 K 17. A. WILLIAMS (APPLICANT IN G.C.NO.2/06), FATHIMA MATHA MANDIRAM, CHAVARA BRIDGE P.O., CHAVARA, KOLLAM. 18. P.KUNJUKRISHNA PILLAI, (APPLICANT IN G.C.NO.6/06),PARAYIL KIZHAKKATHIL, ARINALLOOR P.O., THEVALAKARA. 19. N.K.DIVAKARAN,(APPLICANT IN G.C.NO.4/06) KUMBAZHA VADAKKATHIL, KARUNAGAPPALLY, VAVVAKKAVU.P.O. 20. H. ABDUL RASHEED, (APPLICANT IN G.C.NO.14/06), SELIMA BHAVAN, MANAPPALLY NORTH, MANAPPALLY. 21. M. THANKAPPAN NAIR, (APPLICANT IN G.C.NO.12/06), RAJU BHAVANAM, EDAPPANAYAM, PARAKKADAVU P.O., SOORANADU N. 22. K.N. MURALEEDHARAN PILLAI, (APPLICANT IN G.C.NO.11/06), KARTHIKA, AYANIVELIKULANGARA NORTH, S.V. MARKET P.O., KARUNAGAPPALLY. 23. V.N.SREEDHARAN, (APPLICANT IN G.C.NO. 19/06), BINDU NIAS, K.S.PURAM P.O., PUNNAMKULAM. 24. G. RAVEENDRAN PILLAI, (APPLICANT IN G.C.NO.17/06), PANAYAMCHERIL HOUSE, PULI SOUTH,THAZHAVA P.O., THODIYOOR. 25. L. ANANDAVALLY, (APPLICANT IN G.C.NO.16/06) NADAYIL KIZHAKKATHIL, KULANGAR BHAGOM, CHAVRA P.O. 26. A. SHARFFUDEEN THAHA, (APPLICANT IN G.C.NO.24/06), KOIPPALLIL, PALACKAL, THEVALAKKARA. Kss ..4/- ..4.... WPC.NO.22301/2011 K 27. RAMLA (LEGAL HEIR OF APPLICANT IN G.C.NO.49/06) W/O.LATE MOHAMMED ASHRAF, CHERUVALLIL BUNGALOW, VALLIKUNNAM P.O., MAVELIKKARA. 28. I. MUHAMMED KUNJNU, (APPLICANT IN G.C.NO.50/06), PUTHOZHITHU THEKKETHIL, THODIYOOR NORTH P.O., KARUNAGAPPALLY. 29. A. ABDUL SALAM, (APPLICANT IN G.C.NO. 52/06), PANIKATHU HOUSE, VADAKKUMTHALA, KARUNAGAPPALLY. 30. SARASAMMA, (LEGAL HAIR OF APPLICANT IN G.C.NO.53/06), W/O.LATE K.R.KRISHNANKUTTY, KANDOLIL, ADINADU (NORTH) P.O., KARUNAGAPPALLY. 31. K. RADHAMANI (LEGAL HEIR OF APPLICANT IN G.C.NO.55/06), W/O.LATE K.SADASIVAN, THEJAS, EDAKULANGARA P.O., KARUNAGAPPALLY. 32. RAMLA, (LEGAL HEIR OF APPLICANT IN G.C. NO.57/06) W/O.LATE A.MYTHEEN KUNJU, SAJI MANZIL, PADA NORTH, KARUNAGAPPALLY. 33. A. KOYAKUTTY, (APPLICANT IN G.C.NO.88/06), KARINGATTIL VADAKKETHIL, PALAKKAL, THEVALAKKARA P.O. 34. B. INDIRA PILLAI, (APPLICANT IN G.C.NO.94/06) JYOTHIS, PADA NORTH, KARUNAGAPPALLY P.O. BY ADV. SRI.K.K.RAJEEV Kss ..5/- ..5... WPC.NO.22301/2011 K RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 004. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND DISTRICT LABOUR OFFICER, KOLLAM-691 001. 3. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRAGUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM-691 001. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI. K.S. ANIL, SC, KSEB R2 TO R4 BY GOVERNMENT PLEADER SRI. M.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22301/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 17/06/2006. P2: COPY OF THE ORDER DTD. 16/06/2006. P3: COPY OF THE ORDER DTD. 15/01/2008. P4: COPY OF THE ORDER DTD. 30/01/2008. P5: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P1. P6: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P2. P7: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P3. P8: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P4. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.22301 of 2011 ------------------------------- Dated this the 17th day of August, 2011 J U D G M E N T The petitioners, except 3, 15, 27, 30, 31 and 32 are former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Petitioners 3, 15, 27, 30, 31 and 32 are the legal heirs of former employees of the Board. Upon retirement the predecessor-in-interest of petitioners 3, 15, 27, 30, 31 and 32 and other petitioners 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, they 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 P4 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 in terms of the W.P.(C) No.22301 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 that the liability 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 also directed that interest will run on the principal amount of gratuity directed to be paid by the W.P.(C) No.22301 of 2011 3 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 P4 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. (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. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. JUDGMENT Dated:- August, 2011 --------------------------------------