IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33406 of 2011(A) ---------------------------------------- PETITIONER(S): ----------------------- 1. V.T. NARAYANAN, RESIDING AT VATAKKAYIL THAZHE, P.O. PALLIKKARA, MELADY, KOZHIKODE DISTRICT. 2. BHASKARAN PUTHOOR, RESIDING AT THAZHE PUTHOOR HOUSE, ADAKKATHERU, VATAKARA-4. 3. V.R. RAMESH, RESIDING AT SREERAGAM, NARAYANA NAGAR, VATAKARA. 4. V.K. NARAYANAN, RESIDING AT VLIYAPARAMBATH HOUSE, P.O. MELADY, PAYYOLI, KOZHIKODE DISTRICT. 5. A. VASU, RESIDING AT KANDAMPARAMBATH HOUSE, P.O. THRIKODI, KOYILANDY. 6. M.K. RAMACHANDRAN, RESIDING AT KRISHNA MANDIRAM, MADAPPALLY COLLEGE. P.O, VADAKARA, PIN-673 102. 7. K. KUNHIKANNAN, RESIDING AT MEGANA, ANASWARA, P.O. MUTTUNGAL, VADAKARA, KOZHIKODE DISTRICT. 8. T.K. NARAYANAN, RESIDING AT PRASANTHI, CHINGAPURAM, THIKKODI. 9. K.P. RAGHAVAN, RESIDING AT KIZHAKKEPEEDIKKAYIL, P.O. IRINIGAL, VATAKARA. BY ADV. SRI.P.M.PAREETH. WP(C).No. 33406 of 2011(A) RESPONDENT(S): -------------------------- 1. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE-673 001. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOZHIKODE-673 001. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. R1 & R2 BY GOVT. PLEADER MR.G. GOPAKUMAR. R3 BY ADV. MR.K.S. ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 33406 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.547/04 IN RESPECT OF THE 1ST PETITIONER. EXT.P1A COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.564/04 IN RESPECT OF THE 2ND PETITIONER. EXT.P1B COPY OF THE ORDER DATED 28/11/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.570/04 IN RESPECT OF THE 3RD PETITIONER. EXT.P1C COPY OF THE ORDER DATED 28/11/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.105/05 IN RESPECT OF THE 4TH PETITIONER. EXT.P1D COPY OF THE ORDER DATED 25/11/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.529/04 IN RESPECT OF THE 5TH PETITIONER. EXT.P1E COPY OF THE ORDER DATED 26/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.662/04 IN RESPECT OF THE 6TH PETITIONER. EXT.P1F COPY OF THE ORDER DATED 18/11/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.675/04 IN RESPECT OF THE 7TH PETITIONER. EXT.P1G COPY OF THE ORDER DATED 21/10/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.535/04 IN RESPECT OF THE 8TH PETITIONER. EXT.P1H COPY OF THE ORDER DATED 28/11/2005 ISSUED BY THE 2ND RESPONDENT IN GC NO.646/04 IN RESPECT OF THE 9TH PETITIONER. EXT.P2 COPY OF THE BOARD ORDER NO.B.O.(FB) NO.1313/2011(PSI)/ GRATUITY/TVPM/2006 DATED 24/05/2011. EXT.P3 COPY OF THE JUDGMENT DATED 23/06/2011 IN WP(C) NO. 38129/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33406 OF 2011 -------------------------- Dated this the 14th day of December, 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. By Exts.P1 to P1(h) 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. The said orders have attained finality. 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 WPC No.33406/2011 2 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 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 therefore the Board will take steps to deposit the interest portion expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment involved, the Board may be granted at least six months' time from today to deposit the interest portion and that the Board's liability to pay interest may be limited till the date of deposit of the principal amount. 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 WPC No.33406/2011 3 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 before the Controlling Authority, the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 to P1 (h) orders computed with reference to the respective due dates till the date of deposit of the principal amount. (ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited. P.N.RAVINDRAN, (JUDGE) vps WPC No.33406/2011 4