IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 20941 of 2011(P) -------------------------- PETITIONER: --------------- MOLLY PAULOSE, W/O. LATE K.V. POULOSE, AGED 62 YEARS, RESIDING AT KALLACHIYIL PULIKKAMALI.P.O.,MULANTHURUTHY, ERNAKULAM DISTRICT BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM.P.O.,THIRUVANANTHAPURAM-695004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD.P.O., ERNAKULAM-682030. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD.P.O., ERNAKULAM-682030. BY SR. GOVT. PLEADER SRI.S.ABDUL SALAM SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 20941/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF LEGAL HEIRSHIP CERTIFICATE DATED 11.11.2010 EXT.P2 : COPY OF POWER OF ATTORNEY DATED 31.7.2011 EXT.P3 : COPY OF COMMON ORDER DATED 10.8.2007 IN G.C.NOS.518/2005 OF THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 20941 OF 2011 -------------------------- Dated this the 2nd day of August, 2011 J U D G M E N T The petitioner is the wife of late K.V.Poulose, a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Late K.V.Poulose retired from service on 30.6.1996. After retirement, he was 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 OP No.674 of 2002, which was later affirmed by the Division Bench of this Court in W.A. No.1062 of 2003, the petitioner's husband filed an application under the Payment of Gratuity Act before the second respondent seeking payment of gratuity thereunder. The Board resisted the application raising various contentions. By Ext.P3 order passed on 10.8.2007 the Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity with interest at 10 % per annum from the due date till the date of payment. Shortly thereafter, Sri.K.V.Poulose passed away on 6.1.2008 leaving behind the petitioner, three major daughters and one major son. This writ WPC No.20941/2011 2 petition is filed contending that though Ext.P3 order has attained finality, till date, the amount of gratuity payable thereunder has not been disbursed to the petitioner though the principal amount of gratuity was deposited before the second respondent. 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 Board may be granted six months time to deposit the interest portion and may also be absolved from the liability to pay interest on the amount of gratuity from the date of deposit of the principal amount of gratuity before the controlling authority. The learned counsel appearing for the petitioner did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions: (i) The Board shall within three months from the date of WPC No.20941/2011 3 receipt of a certified copy of the judgment, deposit the interest portion payable to the petitioner computed with effect from due date till the date of deposit of the principal amount of gratuity before the Controlling Authority. (ii) Upon such deposit being made it will be open to the petitioner to withdraw the same unconditionally. The petitioner can also withdraw the principal amount of Gratuity already deposited before the Controlling Authority/Appellate Authority unconditionally. (iii) It is clarified that the petitioner will be entitled to interest only till the date of deposit of the principal amount of gratuity. P.N.RAVINDRAN, (JUDGE) vps