IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33852 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. K.T.SADANANDAN, AGED 67 YEARS, SENIOR ASSISTANT (RETD)KERALA STATE ELECTRICITY BOARD, R/A.THUNDUTHARA PEADEETTATHIL, EDAKUUNAM CHARUMOODU P.O 2. K.CHANDRASENAN, AGED 66 YEARS, JUNIOR ENGINEER(RETD)KERALA STATE ELECTRICITY BOARD, R/A.'UMA BHAVAN',THULAMPERAMPU NORTH, HARIPAD P.O 3. K.MANIAMMA, AGED 57 YEARS, W/O.LATE RAJAPPAN,'RIVENI', PUTHIYAVILA, KARIYILA KULANGARA P.O. 4. K.GPPI.,AGED 66 YEARS, LINEMAN (RETD)KERALA STATE ELECTRICITY BOARD, R/A.CHAPRAYIL, POTHAPALLY SOUTH, KUMARAPURAM P.O HARIPAD 5. K.NARAYANAN NAIR, AGED 65 YEARS, OVERSEER(RETD)KERALA STATE ELECTRICITY BOARD, R/A.AAKKATH VEEDU, ERIKAVU KARITHIKAPALLY P.O., 6. K.UDAYABHANU, AGED 67 YEARS, ASSISTANT ENGINEER(RETD) KERALA STATE ELECTRICITY BOARD, R/A.CHAPRAYIL, PATHIYANKARA, THRIKUNNAPUZHA P.O., 7. M.REGHUVARAN, AGED 68 YEARS,SENIOR ASISTANT(RETD)KERALA STATE ELECTIRICITY BOARD, R/A.ARUN NIVAS, KOTTEMURI, TRIKUNNAPUZHA P.O 8. S.SANTHAMMA, AGED 66 YEARS, SENIOR SUPERINTENDENT (RETD)KERALA STATE ELECTRICITY BOARD, R/A.JYOTHIS,NEAR SDA SCHOOL, KOTHARKAVU, MAVELIKARA, WP(C).No. 33852 of 2011(F) 2 9. N.SADASIVAN NAIR, AGED 67 YEARS, SENIOR ASSISTANT(RETD) KERALA STATE ELECTIRICY BOARD, R/A.JYOTHIS, NEAR SDA SCHOOL, KOTHARKAVU, MAVELIKKARA 10. B.SULOCHANA, AGED 64 YEARS, SENIOR SUPERINTENDENT (RETD) KERAL STATE ELECTRICITY BOARD, R/A.SREE SURYA CHIRAKADAVAM, KAYAMKULAM 11. K.M.PANKAJAKSHAN PILLAI AGED 65 YEARS, SENIOR ASSISTANT (RETD) KERALA STATE ELECTIRICY BOARD, R/A.KALLOOTHARA VEEDU, KARUVATTA NORTH,ALAPUZHA 12. G.GHEEVARGHESE, AGED 64 YEARS, SUB ENGIEER(RETD) KERALA STATE ELECTRICITY BOARD, R/A. VADAKKETHALACKAL, THAZHEKKARA P.O.,MAVELIKARA 13. D.RAJAN, AGED 63, SUB ENGINEER (RETD), KERALA STATE ELECTRICITY BOARD, RESIDING AT MUTTATHETHU VEEDU, WEST FORT, HARIPAD. 14. K.K.RADHARISHNAN, AGED 63, SENIOR SUPERINTENDENT (RETD, KERALA STATE ELECTRICITY BOARD, RESIDING AT SREESURYA, CHIRAKADAVAM, KAYAMKULAM. 15. J.GEORGE, AGED 65, ASST.ENGINEER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT KRIPALAYAM, KRISHNAPURAM P.O., 690533. 16. M.KRISHNANKUTTY, AGED 64, OVERSEER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT KUNNUMEL VEEDU, PUTHIYAKAVU, MAVELIKARA. 17. P.M.BEEVIAMMA, AGED 64, SENIOR SUPERINTENDENT (RETD), KERALA STATE ELECTRICITY BOARD, RESIDING AT MUTTATHETHU MEDAYIL ELIPAKULAM P.O., PALLICKAL, KAYAMKULAM. 18. S.R.PRAKASH, AGED 63, OVERSEER (RETD), KERALA STATE ELECTRICITY BOARD, RESIDING AT SRAYIPALLIL HOUSE, DEVAGIRI, KANGAZHA P.O. CHANGANACHERY. WP(C).No. 33852 of 2011(F) 3 19. P.SIVADASAN, AGED 63, OVERSEER (RETD), KERALA STATE ELECTIRICITY BOARD, RESIDING AT ABY BHAVAN, POTHAPALLY NORTH, KUMARAPURAM, HARIPAD. 20. K.RAJAN, AGED 65, MECHANIC GRADE I(RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT HILL VIEW, ELIPAKULAM P.O., BHARANIKAVU, 21. K.VISWANATHAN, AGED 68,SENIOR ASSISTANT (RETD), KERALA STATE ELECTICITY BOARD, RESIDING AT KOCHUTHAYIL, MANPALAM P.O. HARIPAD. 22. KUTTAN, AGED 64, OVERSER (RETD) KERALA STATE ELECTICITY BOARD, RESIDING AT PULIPARATHARAYIL, CHERAVELLY, KAYAMKULAM. 23. P.RAMACHANDRAN NAIR, AGED 64, OVERSEER (RETD),KERALA STATE ELECTRICITY BOARD, RESIDING AT CHANDRALAYAM, PONAKAM, MAVELIKARA. 24. M.KUMARA PILLAI, AGED 65, OVERSEER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT MEDAYIL PUTHUSSERY KARAZHAMA EAST, VALIYAKULANGARA P.O. 25. K.C.ROHINIKUTTY, W/O.LATE SURENDRAN, AGED 62, RESIDING AT ADARSH BHAVAN, VALIYA PARAMBU P.O., KARTHIKAPALLY. 26. K.G.OOMMEN, AGED 63, ASSISTANT ENGINEER (RETD), KERALA STATE ELECTRICITY BOARD RESIDING AT KALLARACKAL VEEDU, KALLUMALA P.O., MAVELIKARA. 27. K.K.THNKACHEN, AGED 69 YEARS, SENIOR ASSISTANT (RETD), KERLA STATE ELECTRICITY BOARD, RESIDING AT KANNANKARA KOTTARAM, PALLICKAL P.O. 28. M.KAMARAUDEEN, AGED 72, ASST.ENGINEER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT SABU NIVAS, CHUNAKARA SOURTH. 29. K.THANKAPPAN, AGED 71, SUB ENGINEER (RETD) KERALA STATE ELECTICITY BOARD, RESIDING AT CHANKOOR VILAYIL, CHERUKUNNAM, KALLUMALA P.O., MAVELIKARA. WP(C).No. 33852 of 2011(F) 4 30. G.BALARISHNAN NAIR, AGED 70, SENIOR ASS. (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT KOTTIPAPATTUTHARAYIL, PATHIYOOR WEST, KEREELAKULANGARA P.O., KAYAMKULAM. 31. N.ANADAVALLY, AGED 70, SENIOR ASSISTANT (RETD) KERALA STATE ELECTRICITY BOARD, RESIDINGA T ANJANA, KOTTARAKAVU, MAVELIKARA. 32. S.GOPINATHAN PILLAI, AGED 70, OVERSEER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT PADIPURAKKAL HOUSE, CHENNITHALA PADINJAREPURA VAZHI, THRIPPERUNTHURAI P.O., MAVELIKARA. 33. VARGHESE PHILIPOSE, AGED 71,OERSEER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT KANNAKARA VEEDU, KATTANAM, PALLICKAL P.O. 34. N.THANKAPPAN, AGED 68,ELECTRICITY WORKER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT MANIVILASOM, PUTHUPALLIKUNNAM, CHARUMOODU P.O., ALAPUZHA DISTRICT. 35. K.SIVAN, AGED 69 YEARS, LINEMAN (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT DEEPTHI BHAVAN, KURATHIKADU P.O. PONNEZHA, MAVELIKARA. 36. C.C.LALY, AGED 68,FULL TIME SWEEPER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT VAZHISSERY VEEDU, PONAKAM, MAVELIKARA. 37. P.SANTHANAVALLY AMMA, AGED 69,OVERSEER (RETD) KERALA STATE ELECTRICITY BOARD RESIDING AT VRINDAVANAM, CHENNITHALA P.O. 38. J.BABY, AGED 65, OVERSEER (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT SHEEJA BHAVAN VETTUVENI, HARIPAD. 39. V.K.SIVARAMAN, AGED 63, OVERSEER (RETD) KEALA STE ELECTRICITY BOARD, RESIDING AT AMBILI BHAVAN EDAPPON, IRANIKKUDY P.O. ALAPPUZHA DIST. 40. D.RATNAMMA, AGED 70, SENIOR FAIR COPY SUPERINTENDENT (RETD) KERALA STATE ELECTRICITY BOARD, RESIDING AT PARVATHIVILASOM, KANDIYOOR THATTARAMBALAM P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.M.MOHAMMED SHIRAZ WP(C).No. 33852 of 2011(F) 5 RESPONDENT(S): --------------- 1. KERALA STATE ELECRICITY BOARD, REPRESENTED BY IT'S SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM 695004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, PATHANAMTHITTA. 3. APPELLATE AUTHORITY UNDER PAYMJENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR, NEAR CIVIL STATION, KOLLAM 691013. BY SRI.K.S.ANIL, SC FOR R1 GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33852 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1-TRUE COPY OF THE COMMON ORDER DATED 22/09/2006 IN G.C. NOS 243 TO 367 OF 2004 OF 2ND RESPONDENT EXHIBIT-P2-TRUE COPY OF THE COMMON ORDER DATED 20/10/2006 IN G.C NOS. 368 OF 2004 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT-P3-TRUE COPY OF THE COMMON ORDER DATED 31/10/2006 IN G.C NOS. 25 OF 2005 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT-P4-TRUE COPY OF THE COMMON ORDER DATED 30/11/2006 IN G.C 106 OF 2005 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT-P5-TRUE COPY OF THE COMMON ORDER DATED 13/06/2007 IN G.C O2 OF 2006 AND CONNECTED CASES OF 2ND RESPONDENT. EXHIBIT-P6-TRUE COPY OF THE APPLICATION DATED 09/11/2011 SUBMITTED BY THE IST PETITIONER. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.33852 of 2011 ----------------------------------------- Dated this the 19th day of December, 2011 JUDGMENT 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 P5 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. 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 later disbursed, the interest payable W.P(C).No.33852 of 2011 -:2:- 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 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 and the liability of the Board to pay interest may be limited till the date of deposit of the principal amount of gratuity. 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 W.P(C).No.33852 of 2011 -:3:- 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 Ext.P1 to P5 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. (iii) If the petitioners have withdrawn the principal amount of gratuity after executing bonds, such withdrawal will be treated as unconditional. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.33852 of 2011 ---------------------------- JUDGMENT 19th December, 2011