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. 228 of 2011(C) ------------------------------ PETITIONER: --------------- P.RAMACHANDRAN NAIR, MUKHATHALAKKAL HOUSE, MANAYILKULANGARA, KOLLAM-12 (NOW RESIDING AT KRISHNA, NARANGETHU PARAMBU, WEST NADA, MAMMIYOOR, GURUVAYOOR-680 101). BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD (K.S.E.B. IN SHORT), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 2. THE DISTRICT LABOUR OFFICER & CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, COLLECTORATE, THRISSUR-680 003. ADV. SRI. P.M. MANOJ, GOVERNMENT PLEADER SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 228/2011 :2: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER NO.G.C.113/2006 ISSUED BY THE 2ND RESPONDENT DATED 16.11.2007. EXT.P2: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15.03.2010. RESPONDENTS' EXHIBITS: NIL //True Copy// P.A to Judge. rv P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 228 OF 2011 -------------------------- Dated this the 15th day of June, 2011 J U D G M E N T The petitioner is a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). He retired from service on 31.3.1999. Thereupon terminal benefits including the gratuity payable in terms of the provisions contained in Part-III of the Kerala Service Rules were paid to him. Long after his retirement, relying on the decision of this Court in O.P. No.674 of 2002 the petitioner moved the Controlling Authority under the Payment of Gratuity Act, 1972 seeking payment of gratuity in terms of the said enactment. The Board opposed the application on the ground that the petitioner's rights are governed by the Kerala Service Rules and therefore they are entitled to gratuity only in terms of the provisions contained in the Kerala Service Rules. Overruling the contention raised by the Board and relying on the decision of this Court in O.P. No.674 of 2002 the Controlling Authority held that the petitioner is entitled to gratuity in terms of the Act. In that view of the matter after giving credit to the payment already made under the Kerala Service Rules, the Controlling Authority directed payment of the balance sum of Rs.31,095/- with 10% simple interest with effect from 22.7.2004. This writ petition is filed contending that though Ext.P1 order has attained finality, till date, the amount payable thereunder has not been deposited or WPC No.228/11 2 disbursed to the petitioner. 2. When the writ petition came up for hearing today, Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has issued order No.B.O.(FB) No.1313/2011 (PSI/Gratuity/TVPM/2006) dated 24.5.2011 whereby it has resolved to adopt and apply the provisions contained in the Act in the matter of payment of gratuity to employees of the Board. The learned standing counsel submitted that in such circumstances the Board cannot oppose the request made by the petitioner. He also submitted that the amount awarded to the petitioner as gratuity was also deposited but the case number shown was different and therefore the writ petition may be disposed of with a direction to the Controlling Authority to disburse the money lying in deposit to the petitioner. The learned standing counsel submitted that instead of depositing the principal amount of gratuity to the credit of G.C. 113/2006 it was deposited to the credit of G.C. 101/2006 on the file of the Controlling Authority under the Act (District Labour Officer, Thrissur). The learned standing counsel also submitted that the Board may be granted reasonable time to deposit the interest portion in terms of the order passed by the Controlling Authority. The learned counsel appearing for the petitioner did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions: WPC No.228/11 3 (i) The Controlling Authority under the Act (District Labour Officer, Thrissur) shall disburse the sum of Rs.31,095/- deposited by the Board to the credit of G.C.101/2006, to the petitioner herein who was the applicant in G.C.113/2006, unconditionally, on the petitioner producing a certified copy of this judgment. (ii) The Board shall deposit the interest computed in terms of Ext.P1 order for the period from 22.7.2004 till the date of deposit, within three months from today. Upon such deposit being made, the Controlling Authority shall disburse the said amount to the petitioner unconditionally. P.N.RAVINDRAN, (JUDGE) vps WPC No.228/11 4 P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 228 OF 2011 -------------------------- Dated this the 17th day of January, 2011 O R D E R Admit. Sri.K.S.Anil, learned standing counsel takes notice for the first respondent. The learned Government Pleader takes notice for the second respondent. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the Kerala State Electricity Board. In view of the fact that in similar writ petitions, this Court has passed interim orders directing payment of the principal amount of Gratuity, there will be an interim order directing the first respondent to deposit the principal amount of Gratuity covered by Ext.P1 order with the second respondent within two weeks from today. The second respondent shall upon such deposit being made, pay over the same to the petitioner on the petitioner producing a copy of this order and executing a personal bond. Post along with W.P.(C) No.959 of 2011 and connected cases. P.N.RAVINDRAN, (JUDGE) vps WPC No.228/11 5 WPC No.228/11 6 WPC No.228/11 7