IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 18902 of 2011(K) -------------------------- PETITIONER: --------------- N. NARAYANAN THAMPI, S/O. RAMA VARMA RAJA, AGED 67 YEARS, JAYA BHAVAN, BAPUJI NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.R.SREEHARI SRI.R.MOHAN KUMAR RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. PIN-695004. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT(DISTRICT LABOUR OFFICER) THIRUVANANTHAPURAM-695014. BY SHRI K.S.ANIL(SC-KSEB) FOR R1 SR.GOVT.PLEADER SHRI S.ABDUL SALAM FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.18902/11 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER PASSED IN R.P.NO.984/09 DT.19.3.10 IN W.A.NO.430/09 EXT.P2: COPY OF ORDER PASSED IN R.P.NO.979/09 IN W.A.NO.523/09 DT.19.3.10. EXT.P3: COPY OF JUDGMENT IN CONTEMPT CASE (C) NO.80/11 DT.23.3.2011. EXT.P4: COPY OF JUDGMENT IN CONTEMPT CASE(C)NO.63/11 DT.30.3.11. EXT.P5: COPY OF PETITION FILED BEFORE THE 2ND RESPONDENT DT.20.6.11 ON BEHALF OF THE PETITIONER AND OTHERS AND THE STATEMENT. EXT.P6: COPY OF ORDER NO.BO(FB)NO.1313/2001(PSI/GRATUITY/TVPM/2006 DT.24.5.11 PASSED BY THE 1ST RESPONDENT. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 18902 OF 2011 -------------------------- Dated this the 13th day of July, 2011 J U D G M E N T The prayer in this writ petition filed by a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short), is for an order directing the second respondent, the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short), to consider Ext.P5 petition and pass appropriate orders thereon in terms of section 7(3A) of the Act within a time limit to be fixed by this Court. 2. The petitioner along with several former employees of the Board filed applications before the Controlling Authority under the Act contending that in addition to the gratuity paid to them upon retirement as per the Kerala Service Rules, they are entitled to gratuity in terms of the Act. The said applications were allowed. They thereafter moved this Court for a direction to the Board to deposit the balance amount of gratuity in terms of the orders passed by the Controlling Authority under the Act. Though the principal amount of gratuity was paid, the interest portion was not deposited. That led to a series of litigations which ultimately resulted in Ext.P4 order passed by the Division Bench of this Court in Contempt Case (C) No.63 of 2011. By then, the Board had also deposited the interest portion and it was withdrawn. The only dispute that remained at the time of disposal of the Contempt Case was the dispute regarding the quantum WPC No.18902/2011 2 of interest payable to the petitioner and others. Taking note of that fact, the Division Bench of this Court by Ext.P4 order passed in the Contempt Case reserved liberty with the petitioner and others to move the Controlling Authority under the Act to have the said dispute also resolved. It is in this background that Ext.P5 petition was filed seeking determination of the quantum of interest payable to the petitioner and others in terms of the orders passed by the Controlling Authority. The petitioner and other employees, who are the applicants in Ext.P5 application, retired from service during the period 1997-1998. More than 10 years have passed thereafter. The dispute relating to payment of gratuity has not even now settled. In such circumstances, I deem it fit and appropriate to direct the second respondent to pass expeditious orders on Ext.P5 petition. I accordingly dispose of the writ petition with a direction to the second respondent to consider Ext.P5 petition and pass appropriate orders thereon after notice to and affording the petitioner and the Board an opportunity of being heard, expeditiously and in any event within four months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, (JUDGE) vps