IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 29073 of 2011(G) -------------------------- PETITIONER(S): --------------- P.N.SIVAN, SENOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD (RETIRED), S/O.NEELAKANTA PILLA, RESIDING AT NEELAKANTA NIVAS KOTHALA P.O., KOTTAYAM DISTRICT. 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-695 004. 3. CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, IDUKKI, THODUPUZHA 685584. 4. APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM 692030. BY GOVT. PLEADER SRI.G.GOPAKUMAR SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.29073/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE COMMON ORDER DATED 23/2/2007 IN G.C.94/2005 AND OTHER CASES OF THE 3RD RESPONDENT. EXHIBIT P2: TRUE COPY OF THE DEMAND DRAFT DATED 2/9/2011 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED 20/9/2011 OF THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29073 OF 2011 -------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T The petitioner is a former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement he was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after retirement, relying on the decision of this Court in O.P. No.674 of 2002 the petitioner filed an application 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. The Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity with interest at applicable rates from the due dates. The said orders were confirmed by the appellate authority, which dismissed the appeals filed by the Board. 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 disbursed, the interest payable to the petitioner in terms of the orders passed by the Controlling Authority WPC No.29073/2011 2 has not been deposited so far. In this writ petition, the petitioner seeks 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. The learned counsel appearing for the petitioner 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 WPC No.29073/2011 3 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 before the Controlling Authority the amount payable to the petitioner by way of interest calculated in terms of Ext.P1 order computed with reference to the due date till the date of deposit of the principal amount. (ii) Upon such deposit being made, it will be open to the petitioner to unconditionally withdraw the amount deposited. P.N.RAVINDRAN, (JUDGE) vps WPC No.29073/2011 4