IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 18610 of 2011(A) -------------------------------------- PETITIONERS: --------------------- 1. P.V.GEORGE, AGED 68 YEARS, S/O. VARKEY, PADINJAREKAKKUDY, KEERAMPARA, KOTHAMANGALAM. 2. C.K. RAJAN, CHATTUPADATH HOUSE, EDAYAPPURAM, ALUVA. 3. K.T. THOMAS, KOCHUPARAMBIL, WEST KADUNGALLOOR, ALUVA. BY ADV. SRI.K.K.RAJEEV. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. PIN-695 004. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER, ERNAKULAM), PIN-682 030. 3. REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANADU, ERNAKULAM-682 030. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, THIRUVANANTHAPURAM-695 001. R1 BY SRI. K.S. ANIL, S.C, K.S.E.B, R2 TO R4 BY SR. GOVT. PLEADER SRI. S. ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18610/2011-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 26/06/2007 OF THE R.2. WHEREIN THE P.1. EXT.P.2: COPY OF THE ORDER DTD. 10/08/2007. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.8887/10. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C).NO.16683/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.18610 of 2011 ------------------------------- Dated this the 11th day of July, 2011 J U D G M E N T 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. 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 disbursed, the interest payable to the petitioners in terms of the orders passed by the Controlling Authority has not been deposited so far. In this writ petition, the petitioners seek an order directing the W.P.(C) No.18610 of 2011 2 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. 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 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 W.P.(C) No.18610 of 2011 3 the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 and P2 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. P.N. RAVINDRAN, JUDGE. nj.