IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 16014 of 2011(B) -------------------------- PETITIONER(S): --------------- 1. K.R.PARAMESWARAN NAIR, OFFICE ATTENDANT GRADE - I, KSEB (RETD), S/O.RAMAN NAIR, AGED 74 YEARS, RESIDING AT KANJIRAKKADU VEEDU, POTHY, THALAYOLAPARAMBU P.O VAIKOM, KOTTAYAM DISTRICT. 2. V.K.RAGHAVAN, ESTIMATE COPYIST, KSEB (RETD), S/O.KOCHU PILLAI, AGED 67 YEARS, RESIDING AT AICKARATHU PARAMBIL HOUSE, KEEZHOOR P.O., THALAYOLAPARAMBU P.O VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM. PIN - 695 004. 3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOTTAYAM. 4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM. BY GOVT. PLEADER SRI. BASANT BALAJI BY ADV. SRI.K.S.ANIL, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16014 of 2011 EXT.P1 TRUE COPY OF THE COMMON ORDER DATED 20.7.2007 IN G.C.NOS.17/05, 18/05 AND OTHER CASES OF THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.16014 of 2011 ------------------------------- Dated this the 15th day of June, 2011 J U D G M E N T The petitioners are former employees of the Kerala State Electricity Board (hereafter referred to as 'the Board' for short). They retired from service on 28.2.1998 and 31.5.1998 respectively. Upon retirement, they were paid along with other benefits gratuity computed in terms of the provisions contained in Part III of the Kerala Service Rules. Long thereafter, based on the decision of this Court in O.P.No.674 of 2002 wherein it was held that employees of the Board are entitled to gratuity under the Payment of Gratuity Act, 1972, the petitioners along with other former employees filed separate applications before the Controlling Authority under the Payment of Gratuity Act, 1972, viz., the District Labour Officer, Kottayam. The Board resisted the application contending inter alia that the Board has filed a Special Leave Petition before the Honourable the Supreme Court of India canvassing the correctness of the decision of this Court and that under the service conditions, the petitioners and others are entitled to gratuity only in terms of the provisions contained in the Kerala Service Rules. By Ext.P1 order passed on 20.7.2007, after notice to and hearing the petitioners and the Board, the Controlling Authority directed the Board to pay the balance amount of gratuity as W.P.(C) No.16014/2011 2 determined by the Controlling Authority with 10% interest from the respective due dates within 30 days from the date of receipt of the order. This writ petition is filed contending that though Ext.P1 order has attained finality, till date the Board has not disbursed the balance amount of gratuity and the interest thereon in terms of Ext.P1 order. 2. When the writ petition came up for admission-hearing today, Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has issued an order, B.O(FB)No.1313/2011 (PS1/Gratuity/TVPM/2006) dated 24.5.2011, whereby it has decided to adopt and apply the provisions of the Payment of Gratuity Act, 1972 to the employees of the Board and therefore the Board will comply with the direction in Ext.P1 order in so far as it relates to the petitioners. The learned standing counsel also submitted that the principal amount of gratuity determined as per Ext.P1 order in respect of each of the petitioners has already been deposited before the fourth respondent and the Board has no objection to the petitioners withdrawing the same. The learned standing counsel also sought six months time from today to deposit the interest on the amount of gratuity determined by the Controlling Authority from the respective due dates till the date of deposit of the principal amount. The learned W.P.(C) No.16014/2011 3 counsel appearing for the petitioners did not oppose the said request. That apart, I have by a common judgment delivered on 7.6.2011 in W.P.(C) No.639 of 2011 and connected cases granted six months time to the Board to pay the interest portion of the amount directed to be paid by the Controlling Authority under the Payment of Wages Act, 1972, having regard to the huge financial commitment involved. 3. In such circumstances, I dispose of the writ petition with the following directions:- i) The principal amount of gratuity covered by Ext.P1 order which is lying in deposit before the fourth respondent shall be disbursed to the respective petitioners on the petitioners producing a certified copy of this judgment unconditionally. ii) The second respondent shall within six months from the date of receipt of a certified copy of this judgment deposit with the second respondent the interest payable on the amount of gratuity specified in the Appendix to Ext.P1 order in so far as it relates to the petitioners computed from the respective due dates till the date of deposit of the principal amount. W.P.(C) No.16014/2011 4 iii) Upon such deposit being made, it will be open to the petitioners to withdraw the same unconditionally. P.N. RAVINDRAN, JUDGE. nj.