IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18442 of 2011(E) ------------------- PETITIONER(S): ----------------------- 1. M.U.RAVEENDRA DAS, S/O. UNNITHAI, MANIKKATTUKUDY HOUSE, MEKKADAMPU POST, VALAKOM VILLAGE, MUVATTUPUZHA TALUK. (GC 149/04). 2. P.Y.MATHAI, S/O. YOYAKKI, PLACHERIL HOUSE, EAST KADATHY, MARKET POST, MUVATTUPUZHA. (GC 150/04). 3. OUSEPH PAULOSE, S/O. OUSEPH, THURUTHEL HOUSE, NERYAMANGALAM POST, KOTHAMANGALAM TALUK. (GC NO.153/04). 4. K.A.OSAMEERA, S/O. HASSAN RAWTHER, RAHMATH COTTAGE HOUSE, KALAMPOOR, ENANALLOOR POST, MUVATTUPUZHA. (GC 168/04). 5. C.N.GOPALAKRISHNAN NAIR, NIRMALYAM HOUSE, MULAVOOR POST, MULAVOOR VILLAGE, MUVATTUPUZHA. (GC 172/04). 6. K.V.KUTTAPPAN, S/O. VELU, SABITHA BHAVAN HOUSE, KOOTHATTUKULAM POST, PALAKUZHA VILLAGE, MUVATTUPUZHA TALUK. (GC 406/04). 7. C.P.MATHAI, S/O. VARKEY, CHIUNDATTU HOUSE, THRIKKALATHOOR POST, MULAVOOR VILLAGE, MUVATTUPUZHA. (GC 414/04) 8. N.P.THANKAPPAN, S/O. PERUMAL PILLAI, NEDUMPARACKAL HOUSE, MARIKA POST, PALAKUZHA VILLAGE, MUVATTUPUZHA. (GC 423/04). 9. C.P.MUHAMMED, S/O. PAREED, CHIRAPPATTU HOUSE, KARUKADOM POST, AMBALAPPADY, KOTHAMANGALAM TALUK. (GC 445/04) 10. M.A.KUNJARIA, S/O. MARKOSE, MALAYIL HOUSE, NELLIKUZHY POST, ERAMALLOOR VILLAGE, KOTHAMANGALAM. (GC 451/04). ...2/- WP(C).No. 18442 of 2011(E) -2- 11. C.V.SUDHARMA, SUDHA NIVAS HOUSE, PADIVATTOM POST, EDAPPILLY SOUTH, KANAYANNOOR TALUK, ERNAKULAM, KOCHI. (GC 225/05). 12. LEELAMMA MATHEW, W/O. P.P.PAULOSE, PALACKATHADATHIL HOUSE, MEENKUNNAM POST, ARAKKUZHA VILLAGE, MUVATTUPUZHA. (GC 380/05). 13. C.K.PAULOSE, S/O. KURIAKOSE, CHAKKALACKAL HOUSE, POOYAMKUTTY POST, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM. (GC 243/06). BY ADVS. SRI.P.V.SANTHOSH JOSE SMT.DIVYA B.NAIR RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, 695 001, REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER, ERNAKULAM), CIVIL STATION, KAKKANAD, ERNAKULAM-682 030. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030. R1 BY ADV. SRI. K.S. ANIL, SC, KSEB R2 & R3 BY GOVT. PLEADER SRI. P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 18442 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER IN RESPECT OF THE PETITIONERS 1 TO 5. EXT.P2 : COPY OF THE ORDER IN RESPECT OF THE 6TH PETITIONER. EXT.P3 : COPY OF THE ORDER IN RESPECT OF THE PETITIONERS 7 TO 10. EXT.P4 : COPY OF THE ORDER IN RESPECT OF THE 11TH PETITIONER. EXT.P5 : COPY OF THE ORDER IN RESPECT OF THE 12TH PETITIONER. EXT.P6 : COPY OF THE ORDER IN RESPECT OF THE 13TH PETITIONER. EXT.P7 : COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT BOARD. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.18442 of 2011 ------------------------------- Dated this the 7th day of July, 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. By Exts.P1 to P6 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 balance amount of gratuity directed to be paid by the Controlling Authority under the Act was deposited and later disbursed on executing bonds, the interest payable to the petitioners in terms of the 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. W.P.(C) No.18442 of 2011 2 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 24.5.2001 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. 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 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 W.P.(C) No.18442 of 2011 3 by way of interest calculated in terms of Exts.P1 to P6 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.