IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23557 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. SOBHA, AGED 58, W/O. LATE P. JAYARAMAN, SOMNA, ST. VINCENT COLONY.P.O, KOZHIKODE DISTRICT. 2. BABY, AGED 57, W/O. LATE K.V. GOPALAN KUTTY NAIR, VADAKKEKARAYATT HOUSE, ATHOLI.P.O, KOZHIKODE DISTRICT. 3. LEELA, AGED 57, W/O. LATE THANKAPPAN, AMBADI, KAKKAYAM.P.O, KOZHIKODE DISTRICT. 4. CHANDRI.K, AGED 62, W/O. LATE CHANDRAN.V.K, NISHALAYAM, JANATHA ROAD, PUTHUPPANAM.P.O, VADAKARA, KOZHIKODE DISTRIT. 5. KARTHYAYANI, AGED 54, W/O. LATE BALAN NAIR, CHURUMUNDERI HOUSE, ATHOLI.P.O, KOZHIKODE DISTRIT. 6. SUMATHI, AGED 52, W/O. LATE V.K. SANKARAN, VETTUVANAKANDI HOUSE, KOTTOTH.P.O, KOZHIKODE DISTRICT. 7. T.C. THANKAM, AGED 57, W/O. LATE C. CHANDRAN, CHOLAKKAL HOUSE, THIRUVANNUR.P.O, KOZHIKODE DISTRICT. BY ADV. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN RESPONDENT(S): --------------- 1. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KOZHIKODE - 673 020. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DISTRICT LABOUR OFFICER, CIVIL STATION, KOZHIKODE-673 020. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM THIRUVANANTHAPURAM - 695 001. BY GOVT. PLEADER SRI.HANIL KUMAR SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 23557/2011 APPENDIX PETITIONER'S ANNEXURES: EXT.P1a : COPY OF THE ORDER DATED 21.10.2005 PASSED IN G.C. NO.277/04 EXT.P1b : COPY OF THE ORDER DATED 28.12.2005 PASSED IN G.C. NO.243/05 EXT.P1c : COPY OF THE ORDER DATED 21.11.2005 PASSED IN G.C. NO.238/04 EXT.P1d : COPY OF THE ORDER DATED 28.11.2005 PASSED IN G.C. NO.129/05 EXT.P1e : COPY OF THE ORDER DATED 2.9.2005 PASSED IN G.C. NO.239/04 EXT.P1f : COPY OF THE ORDER DATED 21.10.2005 PASSED IN G.C.NO.546/2004 EXT.P1g : COPY OF THE ORDER DATED 20.7.2007 PASSED IN G.C. NO.96/2006 EXT.P2a : COPY OF THE ORDER DATED 27.9.2006 PASSED IN G.A.C. NO.453/06 EXT.P2b : COPY OF THE ORDER DATED 31.12.2009 PASSED IN G.A.C. NO.220/2007 EXT.P2c : COPY OF THE ORDER DATED 9.8.2007 PASSED IN G.A.C. NO.771/2006 EXT.P2d : COPY OF THE ORDER DATED 10.1.2007 PASSED IN G.A.C. NO.672/2006 EXT.P2e : COPY OF THE ORDER DATED 30.8.2006 PASSED IN G.A.C. NO.277/2006 EXT.P2f : COPY OF THE ORDER DATED 15.12.2009 PASSED IN G.A.C. NO.69/2007 EXT.P2g : COPY OF THE ORDER DATED 31.7.2010 PASSED IN G.A.C. NO.23/2009 EXT.P3 : COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 14.7.2010 ISSUED BY THE TAHSILDAR, KOZHIKODE EXT.P4 : COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 11.3.2010 ISSUED BY THE TAHSILDAR, KOYILANDI EXT.P5 : COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 25.11.2008 ISSUED BY THE TAHSILDAR, KOYILANDI EXT.P6 : COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 26.4.2010 ISSUED BY THE TAHSILDAR, VADAKARA EXT.P7 : COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 29.9.2008 ISSUED BY THE TAHSILDAR, KOYILANDI EXT.P8 ; COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 8.2.2011 ISSUED BY THE TAHSILDAR, KOYILANDI PETITIONER'S ANNEXURES: EXT.P9 : COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 3.9.2010 ISSUED BY THE TAHSILDAR, KOZHIKODE RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23557 OF 2011 -------------------------- Dated this the 31st day of August, 2011 J U D G M E N T The petitioners are legal heirs of former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Their predecessors-in-interest retired from the service in the year 2000 and thereafter. After retirement, they were paid terminal benefits including gratuity computed in terms of the provisions contained in the Kerala Service Rules. Long after retirement, relying on the decision of this Court in O.P. No.674 of 2002, which was later affirmed by the Division Bench of this Court in W.A. No.1062 of 2003, the former employees filed applications under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) before the second respondent seeking payment of gratuity thereunder. The Board resisted the applications contending inter alia that the judgment of this Court in O.P. No.674 of 2002 has not become final. Overruling the contentions raised by the Board, the Controlling Authority under the Act issued Exts.P1(a) to P1(g) orders allowing the applications filed by the employees and directed payment of the difference in the amount of gratuity with interest at WPC No.23557/2011 2 applicable rates from the respective due dates. Though the Board filed appeals before the Appellate Authority, the appeals were dismissed by Exts.P2(a) to P2(g) orders. This writ petition is filed contending that though the principal amount of gratuity directed to be paid has been deposited before the Appellate Authority for the purpose of filing the appeals, till date, the said amount has not been disbursed to the employees or their legal heirs along with the interest payable in terms of the orders passed by the Controlling Authority under the Act. In this writ petition, the petitioners seek orders in that regard. 2. When the writ petition came up for hearing today, Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has issued order No.B.O.(FB) No.1313/2011 (PSI/Gratuity/TVPM/2006) dated 24.5.2011 whereby it has resolved to adopt and apply the provisions contained in the Act in the matter of payment of gratuity to employees of the Board and therefore it has no objection in the amount already deposited being disbursed to the petitioner. 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 standing WPC No.23557/2011 3 counsel also submitted that the Board may be granted six months time to deposit the interest portion. The learned counsel appearing for the petitioners did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions: (i) The Board shall within six months from the date of receipt of a certified copy of the judgment, deposit before the Controlling Authority the interest portion payable in terms of Exts.P1(a) to P1(g) orders computed with effect from the respective due dates till the date of deposit of the principal amount of gratuity before the Appellate Authority. (ii) Upon such deposit being made, it will be open to the petitioners to withdraw the same unconditionally. The petitioners can also withdraw the principal amount of gratuity already deposited before the Appellate Authority unconditionally. (iii) It is clarified that the petitioners will be entitled to interest only till the date of deposit of the principal amount of gratuity. P.N.RAVINDRAN, (JUDGE) vps WPC No.23557/2011 4 P.N.RAVINDRAN, (JUDGE) vps