IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17536 of 2011(N) -------------------------- PETITIONER(S): ---------------------- Z.MOHAMED ANWAR, T.C.33/1793, KOORKANCHERY, THRISSUR. BY ADV. SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O.-695 004, THIRUVANANTHAPURAM. 2. THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, CALICUT-673 001. BY GOVT. PLEADER SRI.S. ABDUL SALAM FOR R2 SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17536 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF ORDER DATED 21.10.2005 IN G.C.No.12/05 PASSED BY THE 2ND RESPONDENT. EXHIBIT P2: TRUE COPY OF ORDER DATED 25.4.2007 IN GAC No.690/06 ISSUED BY REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE. EXHIBIT P3: TRUE COPY OF APPLICATION DATED 16.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4: TRUE COPY OF COMMUNICATION DATED 4.2.2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17536 OF 2011 -------------------------- Dated this the 29th 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). Upon retirement he was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after his retirement, relying on the decision of this Court in O.P. No.674 of 2002 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. The Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity with interest at applicable rate from the due date. The said order was confirmed by the appellate authority, which dismissed the appeal filed by the Board. 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 but not disbursed, the interest payable to the petitioner in terms of the orders passed by the Controlling Authority WPC No.17536/2011 2 has not been deposited so far. In this writ petition, the petitioner seeks an order directing release of the principal amount and payment of 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 petitioner 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 had 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 WPC No.17536/2011 3 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 the amount payable to the petitioner by way of interest calculated in terms of Ext.P1 order computed with reference to the due date 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 petitioner to withdraw the amount deposited unconditionally. (III) The petitioner will also be free to unconditionally withdraw the principal amount of gratuity already deposited by the Board. P.N.RAVINDRAN, (JUDGE) vps