IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16195 of 2011(Y) -------------------------- PETITIONER: --------------- MUNIYANDI, S/O. SOLLAMADAN, AGED 63 YRS, RESIDING AT H.NO.XVII/922, IKKANAGAR, MUNNAR P.O., PIN-685 612. BY ADV. SRI.N.M.VARGHESE RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. BY SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma WP(C).No. 16195 of 2011(Y) APPENDIX Petitioners Exhibits: Ext.P1: Photo copy of the order dated 10.9.2010 passed by the Controlling Authority/District Labour Officer, in GC No.117/2005 Ext.P2: Photocopy of Form R Notice issued by the Controlling Authority to the respondent Board dated 30.9.2010 Ext.P3: Photocopy of representation submitted by the petitioner before the respondent Board dated 9.5.2011 Ext.P4: Photocopy of the acknowledgment due card showing receipt of Ext.P3 representation by the respondenton 13.5.2011 Respondents Exhibits: NIL /True copy/ P.A. To Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 16195 OF 2011 -------------------------- Dated this the 16th day of June, 2011 J U D G M E N T The petitioner is a former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). He retired from service on 31.5.2004. Upon retirement, he was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Shortly thereafter, 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.P1 order passed on 10.9.2010, the Controlling Authority allowed the application and directed payment of the sum of Rs.48,631/- towards gratuity together with interest. The Controlling Authority also directed that if the said amount is not paid within 30 days, it shall be paid along with interest at 10% per annum with effect from the date of the order. This writ petition is filed contending that though Ext.P1 order has attained finality, the Board has not so far deposited the principal amount of gratuity and therefore the petitioner is entitled to receive the sum of Rs.48,631/- together with interest at 10% per annum on the said amount in terms of Ext.P1 order. 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 WPC No.16195/2011 2 (PSI/Gratuity/TVPM/2006) dated 24.5.2001 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 principal amount of gratuity together with interest calculated at 10% per annum with effect from 10.9.2010 till the date of payment, within six months from today. Though the learned counsel for the petitioner submitted that the Board may be directed to pay the principal amount of gratuity in the shortest possible time, having regard to the heavy financial commitment involved, I am of the opinion that the Board should be granted a reasonable time to deposit the amount of gratuity payable in terms of Ext.P1 order. I accordingly dispose of the writ petition with a direction to the first respondent to deposit with the District Labour Officer, Idukki for payment to the petitioner the amount payable in terms of Ext.P1 order expeditiously and in any event within six months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. P.N.RAVINDRAN, (JUDGE) vps