IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 21344 of 2011(P) -------------------------- PETITIONERS: --------------- 1. D.NARENDRAN, S/O.K.R.DAMODARAN NAIR, SEETHAL (KIZHAKKEPURATHU) HOUSE, KUTHUKUZHY POST, AYYANKAVU, KOTHAMANGALAM VILLAGE (GC 385/04). 2. C.M.RADHA, W/O.V.R.MADHAVAN, KATTITHARA HOUSE, ANJALI LANE, EDAPPILLY POST, EDAPPILLY VILLAGE, ERNAKULAM, KOCHI-24 (GC 260/05). 3. T.S.PRABHAKARAN, S/O.T.K.SANKU KUTTY, KALAVATHU HOUSE, PONNURUNNI, VYTTILA POST, ERNAKULAM, KOCHI-18 (GC 284/05). BY ADV. SRI.P.V.SANTHOSH JOSE SMT.DIVYA B.NAIR RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY-695001. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUT OFFICER ALAPPUZHA), THONDANKULANGARA, ALAPPUZHA DISTRICT- 688001. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER, NEAR CIVIL STATION, KOLLAM DISTRICT- 691001. BY GOVT. PLEADER SRI.P.M.MANOJ SRI.K.S.ANIL,SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 21344/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER IN RESPECT OF THE 1ST PETITIONER EXT.P2 : COPY OF THE ORDER IN RESPECT OF THE 2ND & 3RD PETITIONER EXT.P3 : COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT BOARD RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 21344 OF 2011 -------------------------- Dated this the 5th day of August, 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. 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 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 WPC No.21344/2011 2 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 involved, 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 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: WPC No.21344/2011 3 (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 & P2 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. P.N.RAVINDRAN, (JUDGE) vps