IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23853 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. A.JUSTIN GEORGE,AGED 66 YEARS, ASST.EXECUTIVE ENGINEER (RETD.)KERALA STATE ELECTRICITY BOARD,RESIDING AT ROSE VILLA, KULAKADA EST P.O,KOTTARAKKARA. 2. O.KURIKESU,AGED 66 YEARS, SUB ENGINEER (RETD),KERALA STATE ELECTRICITY BOARD RESIDING AT SHINI NIVAS,MULAYUR KONAM,AYOOR, KOLLAM 3. G.RAJAN,AGED 66 YEARS, SR.SUPERINTENDENT(N.C) (RTD.), KERALA STATE ELECTRICITY BOARD,RESIDING AT ARANAM PERUMANOOR,VALAKOM. 4. A.MAHADEVAN PILLAI,AGED 66 YEARS, SUB ENGINEER(RETD.),KERALA STATE ELECTRICITY BOARD RESIDING AT SOBHA BHAVAN,PUTHOOR,KOTTARAKKARA. 5. P.BHARATHAN,AGED 65 YEARS, SR.SUPERINTENDENT (NC)(RETD.)KERALA STATE ELECTRICITY BOARD,RESIDING AT SUDHA BHAVANAM, KAITHAKUZHY,KOLLAM DISTRICT. 6. P.SYAMALA,AGED 54 YEARS, W/O.PARAMESWARAN ACHARI,RESIDING AT SREE VILASOM, KULAKKADA EAST P.O.,KOTTARAKKARA. 7. R.DIVAKARAN ACHARY, AGED 69 YEARS,SUB ENGINEER(RETD),KERALA STATE ELECTRICITY BOARD,RESIDING AT RETHI NIVAS, PANAVELY P.O. KOTTARAKKARA. 8. R.ANANDAN,AGED 65 YEARS, JUNIOR ENGINEER(RETD.),KERALA STATE ELECTRICITY BOARD,RESIDING AT VALLIYOTTU VEEDU, CHERUMANAGADA,PUTHOOR P.O.,KOTTARAKKARA. WP(C).No. 23853 of 2011(F) 2 9. P.USHA,AGED 52 YEARS,W/O.VASUDEVAN, RESIDING AT THOPPIL THEKKETHIKL HOUSE,PANTHAPLAVE, PATTAZHY,KOLLAM DISTRICT. 10. A.P.RAMACHANDRAN, AGED 63 YEARS,FITTER(RETD),KERALA STATE ELECTRICIT BOARD,RESIDING AT CHERUPOIKA P.O., PAVITHREESWARAM,KOTTARAKKARA. 11. B.VIMALA, AGED 52 YEARS,W/O.S.GOPALAN,RESIDING AT VENKOTTUKUZHIYIL VEEDU,CHITHARA KADACKEL, KOLLAM. 12. MARIAMMA VARGHESE, AGED 64 YEARS,W/O.E.J.VARGHESE,ERAMATHU VEEDU, PUTHOOR,KOTTARAKKARA. 13. Y.KUNJACHEN,AGED 62 YEARS,SUPERINTENDENT (RETD) KERALA STATE ELECTRICITY BOARD,RESIDING AT KANJIRAMVILA PUTHENVEEDU,KIZHAKKETHEREUVE, KOTTARAKKARA. 14. P.SADANANDAN,AGED 62 YEARS. RESIDENTIAL AUDIT OFFICER9RETD),KERALA STATE ELECTRICITY BOARD,RESIDING AT VELAMKUNNUVILA VEEDU CHERUPOIKA,KOTTARAKKARA. 15. K.PODIYAN,AGED 62 YEARS,LINE FITTER(RETD KERALA STATE ELECTRICITY BOARD,RESIDING AT KUZHIVILA VEEDU,PERUMKULAM P.O,KOTTARAKKARA. 16. K.SISUPALAN,AGED 62 YEARS,FITTER(RETD), KERALA STATE ELECTRICITY BOARD,RESIDING AT ARUN NIVAS,KANNAMCODE,KOTTARAKKARA. 17. N.BALAKRISHNA PILLAI,AGED 67 YEARS, SUPERINTENDENT(RETD),KERALA STATE ELECTRICITY BOAR RESIDING AT KALABHAVAN,VETTIKAVILA P.O,KOTTARAKARA 18. N.PAPPAN,AGED 67 YEARS, SUPERINTENDENT(RETD.),KERALA STATE ELECTRICITY BOARD,RESIDING AT JALAJA BHAVAN,KALYANADE, PLACHERY P.O,PUNALUR. 19. M.AVRAN,AGED 70 YEARS,OVERSEER(RETD.), KERALA STATE ELECTRICITY BOARD,RESIDING AT BUNGLOWIL VEEDU,IRUMPANAGADE,EZHUKONE,KOLLAM. WP(C).No. 23853 of 2011(F) 3 20. G.JOHN,AGED 68 YEARS, AST.ENGINEER(RETD.),KERALA STATE ELECTRICITY BOARD,RESIDING AT EDEN MALIEKKAL, AMBALATHUMKALA P.O. EZHUKONE. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY IT'S SECRETARY, VYDYUTHI BHAVAN,PATTOM P.O., THIRUVANANTHAPURAM 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 & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR,NEAR CIVIL STATION, KOLLAM 691 013. R1 BY SRI.KI.S.ANI, SC, KSEB R2 & R3 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.23853/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOCOPY OF COMMON ORDER DATED 15.01.2008 IN G.C.NO.561 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. EXT.P2. TRUE PHOTOCOPY OF COMMON ORDER DATED 15.01.2008 IN G.C.NO.167 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. EXT.P3. TRUE PHOTOCOPY OF COMMON ORDER DATED 15.01.2008 IN G.C.NO.992 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. EXT.P4. TRUE PHOTOCOPY OF COMMON ORDER DATED 15.01.2008 IN G.C.NO.843 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. EXT.P5. TRUE PHOTOCOPY OF COMMON ORDER DATED 15.01.2008 IN G.C.NO.118 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. EXT.P6. TRUE PHOTOCOPY OF COMMON ORDER DATED 12/06/2006 IN G.C.NO.135 OF 2005 AND CONNECTED CASES OF 2ND RESPONDENT. EXT.P7. TRUE PHOTOCOPY OF COMMON ORDER DATED 19.6.2006 IN G.C.NO.61 TO 102 OF 2005 OF 2ND RESPONDENT. EXT.P8. TRUE PHOTOCOPY OF APPLICATION DATED NILL SUBMITTED BY 1ST PETITIONER. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.23853 of 2011 ----------------------------------------- Dated this the 2nd day of September, 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 to P7 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 on executing bonds, the interest payable to the W.P(C) NO.23853/2011 -:2:- 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. 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 and the liability of the Board 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 W.P(C) NO.23853/2011 -:3:- 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 Ext.P1 order 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. ahg. The expression “Ext.P1” occurring in direction (i) in page 3 of the judgment dated 02/09/2011 in W.P(C)23853/2011 is corrected and substituted as “Exts.P1 to P7” vide order dated 14/10/2011 in I.A.15417/2011 in W.P(C) 23853/2011. Sd/- Registrar (Judicial) W.P(C) NO.23853/2011 -:4:- P.N.RAVINDRAN, J. --------------------------- W.P(C).No.23853 of 2011 ---------------------------- JUDGMENT 2nd September, 2011