IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 25600 of 2011(Y) -------------------------- PETITIONER: ----------- L.RATNAKUMARI AMMA,W/O.LATE G.SASIDHARAN PILLAI, AGED 63 YEARS,RESIDING AT KUTTIKATTU KIZHAKKATHIL, MANGADU P.O, KOLLAM DISTRICT. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,PATTOM P.O, THIRUVANANTHAPURAM 695 004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, NEAR CIVIL STATION, KOLLAM 691 013. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR, NEAR CIVIL STATION, KOLLAM 691 013. R1 BY ADV. SRI. K.S.ANIL, SC R2 & R3 BY GOVT. PLEADER SRI. B GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).NO: 25600 OF 2011(Y) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1. TRUE PHOTOCOPY OF LEGAL HEIRSHIP CERTIFICATE DATED 16.07.2011. EXHIBIT P2. TRUE PHOTOCOPY OF COMMON ORDER DATED 17.06.2006 IN G.C NOS.183/2005 TO 201/2005 OF THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE JJJ P.N. RAVINDRAN, J. ------------------------------- W.P (C) No.25600 of 2011 ------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T The petitioner is wife of Late.G.Sasidharan Pillai, a former employee 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 his 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. By Ext.P2 order passed on 17.6.2006, the Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity with interest at applicable rates from the respective due dates. The petitioner's husband passed away long thereafter on 26.3.2011. 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 in terms of Ext.P2 order passed by the Controlling Authority has not been deposited so far. In this writ petition, the W.P.(C) No.25600 of 2011 2 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 24.5.2010 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 of the Board 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 principal amount of gratuity directed to be paid by the Controlling Authority only from the W.P.(C) No.25600 of 2011 3 respective due date 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.P2 order from 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. (iii) If the petitioner has withdrawn the principal amount of gratuity after executing a bond, such withdrawal will be treated as unconditional. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.25600 of 2011 JUDGMENT Dated:- 27th September, 2011 --------------------------------------