IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 31024 of 2011(C) ---------------------------------- PETITIONER(S): ------------------- 1. K.RAJENDRAN,AGED 69 YEARS, OFFICE ATTENDENT-I,(RETD), KERALAL STATE ELEACTRICITY BOARD, R/A.AJAYA NIVAS, EARAM, CHATHANOOR 2. V.SURENDRAN, AGED 69 YEARS, ELECTRICITY WORKER(RETD) KERALAL STATE ELEACTRICITY BOARD, R/A.V.S.LAND KOOTTIKADA, MAYYANAD, KOLLAM 3. E.ANNAMMA, AGED 64 YEARS, SENIOR ASSISTANT (N.C)(RETD) KERALAL STATE ELEACTRICITY BOARD, R/A.VALIL VEEDU, MUKHATHALA, KOTTIYAM 4. N.SADANANDAN, AGED 65 YEARS, OVERSEER(RETD) KERALAL STATE ELEACTRICITY BOARD, R/A.AYODHYA KUMMALLOOR P.O.,CHANTHANOOR BY ADVS. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENT(S): -------------------- 1. KERALA STATE ELECTRICITY BOARD REP.BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O THIRUVANANTHAPURAM-695004 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER,NEAR CIVL STATION,KOLLAM-691013 3. APPELLATE AUTHORITY UNDER PAYAMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER DEPARTMENT OF LABOUR NEAR CIVIL STATION, KOLLAM-691013 R1 BY ADV. SRI. K.S.ANIL, SC., K.S.E.B. R2 & R3 BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31024/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COMMON ORDER DTD 15/1/2008 IN GC NOS 167 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT P2: COPY OF COMMON ORDER DTD 15/1/2008 IN GC NO.179 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT P3: COPY OF COMMON ORDER DTD 15/1/2008 IN GC.NO.320 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT . P4: COPY OF COMMON ORDER DTD.15/1/2008 IN GC.NOS.118 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. P5: COPY OF APPLICATION DTD.14/03/2011 SUBMITTED BY IST PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.31024 of 2011 ----------------------------------------- Dated this the 22nd day of November, 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 P4 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, the interest payable to the petitioners in terms of the W.P(C).No.31024 of 2011 -:2:- 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 24.5.2011 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 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 the date of the judgment to deposit the interest portion and had W.P(C).No.31024 of 2011 -:3:- 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 before the Controlling Authority the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 to P4 orders computed with reference to the respective due dates till the date of deposit of the principal amount. (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. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.31024 of 2011 ---------------------------- JUDGMENT 22nd November, 2011