IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 27080 of 2011(H) -------------------------- PETITIONER(S): --------------- 1. K.SREEDHARAN, OVERSEER (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING AT KERIYERI HOUSE, P.O.CHINGAPURN, VIA THIKKODI, KOZHIKODE DISTRICT. 2. K.BAPU, OVERSEER (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING AT KARIATH HOUSE, P.O.CHINGAPURN, VIA THIKKODI, KOZHIKODE DISTRICT. 3. T.NARAYANAN, LINE ASSISTANT (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT THIKKANDY HOUSE, P.O.CHINGAPURN, VIA THIKKODI, KOZHIKODE DISTRICT. 4. K.KUNHABDULLA, ASSISTANT ENGINEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SHARMANAS, P.O NADAKU THAZHE, VADAKARA, KOZHIKODE DISTRICT. 5. U.K.RAGHAVAN, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT UNNIYATHUKANDY HOUSE, P.O.CHINGAPURN, VIA THIKKODI, KOZHIKODE DISTRICT. 6. U.K.KUNNIRAMAN NAIR, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT NELLIYATH HOUSE, P.O.CHINGAPURN, VIA THIKKODI, KOZHIKODE DISTRICT. 7. K.NARAYANAN, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SURABHI HOUSE, P.O.PALLIKARA, VIA THIKKODI, KOZHIKODE DISTRICT. 8. K.P.NARAYANAN NAIR, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT ATTIPURATH HOUSE, P.O.PALLIKARA, MELADI, KOZHIKODE DISTRICT. 9. K.NARAYANAN, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT PUTHIYADATH HOUSE, P.O.IRRENGAL, KOZHIKODE DISTRICT. 10. P.K.CHATHU, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT PATTIATPOYIL HOUSE, P.O.MAMUNDA, VAKARA, KOZHIKODE DISTRICT. 11. T.K.NANU, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT CHITHIMETAL HOUSE, P.O.NUTS STREET, VAKARA, KOZHIKODE DISTRICT. 12. U.T.BALAN, LINE ASSISTANT (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING AT OOTHERI THAZHE HOUSE, P.O PATHALAYANI, KOYILANDI, KOZHIKODE DISTRICT. 13. M.MOIDU, OVERSEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KORAKANDI, THAZHEKUNNI, P.O.KARTHIKAPALLI, VILLIAPALLI. 14. P.K.RAJAN, SUB ENGINEER (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT BADURA HOUSE, P.O NADAKU THAZHE, VADAKARA, KOZHIKODE DISTRICT. 15. P.P.GOPALAN, LINE ASSISTANT (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT PADENARA PEDIKA KANDY HOUSE, P.O CHINGAPURN, VIA THIKKODI, KOZHIKODE DISTRICT. 16. T.P.BALAKRISHNAN, LINE ASSISTANT (RTD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT TAZHATHU PARAMPATHU HOUSE, P.O PALIKARA, KOZHIKODE DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE-673001. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOZHIKODE-673001. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695001. GOVT.PLEADER SRI.G.GOPAKUMAR FOR R1-2. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.C.NO.27080/2011 APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF THE ORDER DATED 2/9/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.521/04 IN RESPECT OF THE 1ST PETITIONER. P1(A): COPY OF THE ORDER DATED 28/12/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.102/05 IN RESPECT OF THE 2ND PETITIONER. P1(B): COPY OF THE ORDER DATED 28/12/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.98/05 IN RESPECT OF THE 3RD PETITIONER. P1(C): COPY OF THE ORDER DATED 2/9/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.667/04 IN RESPECT OF THE 4TH PETITIONER. P1(D): COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.557/04 IN RESPECT OF THE 5TH PETITIONER. P1(E): COPY OF THE ORDER DATED 28/12/2005 ISSUED BY THE 6TH RESPONDENT IN GC NO.578/04 IN RESPECT OF THE 6TH PETITIONER. P1(F): COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.544/04 IN RESPECT OF THE 7TH PETITIONER. P1(G): COPY OF THE ORDER DATED 28/11/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.609/04 IN RESPECT OF THE 8TH PETITIONER. P1(H): COPY OF THE ORDER DATED 21/11/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.685/04 IN RESPECT OF THE 9TH PETITIONER. P1(I): COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.679/04 IN RESPECT OF THE 10TH PETITIONER. P1(J): COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.576/04 IN RESPECT OF THE 11TH PETITIONER. P1(K): COPY OF THE ORDER DATED 28/12/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.115/05 IN RESPECT OF THE 12TH PETITIONER. P1(L): COPY OF THE ORDER DATED 9/8/2007 ISSUED BY THE IST RESPONDENT IN GC NO.743/06 IN RESPECT OF THE 13TH PETITIONER. P1(M): COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.659/04 IN RESPECT OF THE 14TH PETITIONER. P1(N): COPY OF THE ORDER DATED 28/12/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.137/05 IN RESPECT OF THE 15TH PETITIONER. P1(O): COPY OF THE ORDER DATED 28/12/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.107/05 IN RESPECT OF THE 16TH PETITIONER. P2: COPY OF THE BOARD ORDER NO.B.O.(FB)NO.1313/2011 (PSI) GRATUITY/TVPM/2006 DATED 24/5/2011. P3: COPY OF THE JUDGMENT DATED 23/6/2011 IN W.P.C.NO.38129/2010. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.27080 of 2011 ----------------------------------------- Dated this the 13th day of October, 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 P1(o) 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.27080 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.27080 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 P1 (o) 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. (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.27080 of 2011 ---------------------------- JUDGMENT 13th October, 2011