IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 33923 of 2010 (M) -------------------------- PETITIONER(S): --------------- 1. SOOSAN.M.VARGHESE, ALUKKAL HOUSE, PECHANICKADU, PULIYANAM. 2. ROSY PAUL, PALLIMATTOM HOUSE, THALORE.PO. 3. V.N.PONNAMMA, SOUPARNIKA, ANGAMALY. 4. SEBASTIAN.J.VITHAYATHIL, VITHAYATHIL HOUSE, NAYATHODE PO. 5. G.JAYAKRISHNAN, PADMALAYAM,VENGOOR,KIDANGOOR PO,ANGAMALY. 6. K.RAMESAN, KAPPIL HOUSE, PULLUVAZHY.PO,PERUMBAVOOR. 7. ALICE MATHEW, ANCHERIL HOUSE, CHENGAL, KALADY.PO. 8. A.C.GEORGE, ANCHERIL HOUSE, CHENGAL, KALADY.PO. 9. K.N.RAVEENDRAN NAIR, SOUPARNIKA, CHENGAL, KALADY.PO. PIN-683 574. 10. M.R.ASOKAN, LAKSHMIBHAVANAM, KUZHOOR, KEEZHILLAM PO. 11. G.JAYALAKSHMI, LAKSHMI BHAVANAM, KEEZHILLAM SOUTH, KEEZHILLAM PO. 12. C.RADHAKRISHNAN NAIR, DEVOO GARDENS, NEAR BOSY H.S,. PERUMBAVOOR-683 542. 13. V.VASANTHA, DEVOO GARDENS, NEAR BOSY H.S,. PERUMBAVOOR-683 542. 14. E.K.SIVAN,ENJELIPARAMBIL, NEAR VINOD THEATRE, ANGAMALY PO, PIN-683 572. WP(C).No. 33923/2010 15. S.SUBRAMANIA IYER, RADHIKA, BROADWAY END,PERUMBAVOOR. 16. MARY.V.D, VADASSERY HOUSE, PONOTH ROAD, KALOOR, KOCHI-17. 17. K.O.BRIGITH, HOUSE NO.32/819,VYLOPPILLY ROAD, KOCHI-25 18. SOSAMMA PAUL, PAZHAMPILLY HOUSE, CHOORACODE, PATTIMATTAM. BY ADVS. SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR RESPONDENT(S): --------------- 1. DISTRICT LABOUR OFFICER, ERNAKULAM (CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT) CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT. 2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION,KAKKANAD,ERNAKULAM DIST. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN,THIRUVANANTHAPURAM- 4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PERUMBAVOOR. 5. THE EXECUTIVE ENGINEER, KERALA STATE ELECTIRICITY BOARD, ELECTRICAL DIVISION, ERNAKULAM. 6. THE REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM(APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT)CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT. R1, R2 & R6 BY GOVT. PLEADER SHRI. BASANTH BALAJI R3 TO R5 BY SRI. K.C. ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011 ALONG WITH W.P.C. NO.15430/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33923/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED IN G.C. NOS. 201 TO 225/04. EXT.P2: COPY OF THE ORDER DATED 07.11.05 IN G.C.NOS.41/04 TO 52/04. EXT.P3: COPY OF THE ORDER DATED 22.10.05 IN G.C. NO.28/04. EXT.P4: COPY OF THE ORDER DATED 22.10.05 IN G.C. NO.29/04. EXT.P5: COPY OF THE ORDER DATED 12.06.07 IN G.C. NO.537/04. EXT.P6: COPY OF THE 'FORM T' APPLICATION FILED THE 1ST PETITIONER. EXT.P7: COPY OF THE 'FORM T' APPLICATION FILED THE 2ND PETITIONER. EXT.P8: COPY OF THE 'FORM T' APPLICATION FILED THE 3RD PETITIONER. EXT.P9: COPY OF THE 'FORM T' APPLICATION FILED THE 4TH PETITIONER. EXT.P10: COPY OF THE 'FORM T' APPLICATION FILED THE 5TH PETITIONER. EXT.P11: COPY OF THE 'FORM T' APPLICATION FILED THE 6TH PETITIONER. EXT.P12: COPY OF THE 'FORM T' APPLICATION FILED THE 7TH PETITIONER. EXT.P13: COPY OF THE 'FORM T' APPLICATION FILED THE 8TH PETITIONER. EXT.P14: COPY OF THE 'FORM T' APPLICATION FILED THE 9TH PETITIONER. EXT.P15: COPY OF THE 'FORM T' APPLICATION FILED THE 10TH PETITIONER. EXT.P16: COPY OF THE 'FORM T' APPLICATION FILED THE 11TH PETITIONER. EXT.P17: COPY OF THE 'FORM T' APPLICATION FILED THE 12TH PETITIONER. EXT.P18: COPY OF THE 'FORM T' APPLICATION FILED THE 13TH PETITIONER. EXT.P19: COPY OF THE 'FORM T' APPLICATION FILED THE 14TH PETITIONER. EXT.P20: COPY OF THE 'FORM T' APPLICATION FILED THE 15TH PETITIONER. EXT.P21: COPY OF THE 'FORM T' APPLICATION FILED THE 16TH PETITIONER. EXT.P22: COPY OF THE 'FORM T' APPLICATION FILED THE 17TH PETITIONER. EXT.P23: COPY OF THE 'FORM T' APPLICATION FILED THE 18TH PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd P.N. RAVINDRAN, J. ------------------------------- W.P.(C) Nos.33923 of 2010 & 15430 of 2011 ------------------------------- Dated this the 17th day of June, 2011 J U D G M E N T The petitioners in these writ petitions are the former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement, they were paid the terminal benefits including the gratuity 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 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 petitioners 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 petitioners are entitled to gratuity in terms of the Act. In that view of the the matter after giving credit to the payment already made under the Kerala Service Rules, the Controlling Authority directed payment of the balance amount of gratuity together with interest at the applicable rates from the respective due dates within 30 days from the date of W.P.(C) Nos.33923 of 2010 & 15430 of 2011 2 receipt of the order. These writ petitions are filed contending that though the orders passed by the Controlling Authority have attained finality, till date the Board has not disbursed the balance amount of gratuity and the interest thereon in terms of the said orders. 2. When the writ petition came up for admission-hearing today, Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has issued an order, B.O(FB)No.1313/2011 (PS1/Gratuity/TVPM/2006) dated 24.5.2011, whereby it has decided to adopt and apply the provisions of the Payment of Gratuity Act, 1972 to the employees of the Board and therefore the Board will comply with the directions issued by the Controlling Authority in so far as it relates to the petitioners. The learned standing counsel also submitted that the principal amount of gratuity determined as per the orders of the Controlling Authority in respect of each of the petitioners has already been deposited before the Appellate Authority and the Board has no objection to the petitioners withdrawing the same. The learned standing counsel also sought six months time from today to deposit the interest on the amount of gratuity determined by the Controlling Authority from the respective due dates till the date of W.P.(C) Nos.33923 of 2010 & 15430 of 2011 3 deposit of the principal amount. The learned counsel appearing for the petitioners did not oppose the said request. That apart, I have by a common judgment delivered on 7.6.2011 in W.P.(C) No.639 of 2011 and connected cases granted six months time to the Board to pay the interest portion of the amount directed to be paid by the Controlling Authority under the Payment of Wages Act, 1972, having regard to the huge financial commitment involved. In such circumstances, I dispose of the writ petitions with the following directions: i) The principal amount of gratuity covered by orders of the Controlling Authority which is lying in deposit before the Appellate Authority shall be disbursed to the respective petitioners on the petitioners producing a certified copy of this judgment unconditionally. ii) The Kerala State Electricity Board shall within six months from the date of receipt of a certified copy of this judgment deposit with the Controlling Authority the interest payable on the amount of gratuity to the petitioners, computed from the respective due dates till W.P.(C) Nos.33923 of 2010 & 15430 of 2011 4 the date of deposit of the principal amount. iii) Upon such deposit being made, it will be open to the petitioners to withdraw the same unconditionally. P.N. RAVINDRAN, JUDGE. nj.