IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29894 of 2011(J) ----------------------------------------- PETITIONER(S): ------------------------- 1. P.JYOTHIRMANI, 8/85, ASWATHY, VIDYUTH NAGAR, PALAKKAD. 2. C.SARADA, VINAYAKA, VIDYUTH NAGAR, PALAKKAD. 3. T.M.PARAMESWARANUNNI, 12/241, KAVALAPPARA, PALAKKAD. 4. N.A.VISWANATHAN, 24/384, DOUBLE STREET, NURANI, PALAKKAD. 5. K.SARALADEVI, 41/267, KRISHNAKRIPA, VADAKKANTHARA, PALAKKAD. 6. V.VIJAYAN, PAVITHRAM, 19/232, EDAYAR STREET, PALAKKAD. 7. V.LAKSHMI, 4/570, SREEVALSAM, KALLEPULLY, PALAKKAD. 8. N.T.KUTTIKRISHNAN, 8/142, PIRAYIRI, PALAKKAD. 9. C.KRISHNA MURTHY, 17/758, MRIDULA, CHITTOOR ROAD, PALAKKAD. 10. K.KANNAN, 21/576, AISWARYA NAGAR, EAST VENNAKKARA, PALAKKAD. 11. P.K.FREDRICK, EDEN, KALLIKKAD, PALAKKAD. Kss ..2/- ....2.... WPC.NO.29894/2011 J 12. P.R.SHANMUGHAN, PANDARI HOUSE, SHORNUR, PALAKKAD. 13. V.VISWANATHAN, VADAKKEKKARA HOUSE, PANAYUR, PALAKKAD. 14. P.R.SANKARANKUTTY, PANDARI HOUSE, VADANAMKURUSSI, PALAKKAD. 15. V.V.POULOSE, VETTIKKAN HOUSE, MUTHUKURUSSI, PALAKKAD. 16. K.V.ABRAHAM, JYOTHI NIVAS, KARIMBA, PALAKKAD. 17. P.S.SHANVAS, FASNA, DPO ROAD, PALAKKAD. 18. P.V.MATHAI, POOKKUNAIL, POTTASSERI, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO LABOUR DEPT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT LABOUR OFFICER (CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT) CIVIL STATION, PALAKKAD-678 001. 3. REGIONAL LABOUR COMMISSIONER, CIVIL STATION, KAKKANADU, ERNAKULAM-682 033. 4. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. G.GOPAKUMAR R4 BY ADV. SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29894/2011 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER IN GC 49/04 DT.20.10.06. EXT.P2 TRUE COPY OF ORDER IN GC 47/2004 DT.20.10.06. EXT.P3 TRUE COPY OF ORDER IN GC 39/2004 DT.2010.06. EXR.P4 TRUE COPY OF ORDER IN GC 45/04 DT.20.10.06. EXT.P5 TRUE COPY OF ORDER IN GC 56/04 DT.22.02.07. EXT.P6 TRUE COPY OF ORDER IN GC 43/06 DT.26.09.07 EXT.P7 TRUE COPY OF ORDER IN GC 19/04 DT.31.01.07. EXT.P8 TRUE COPY OF ORDER IN GC 250/04 DT.20.10.06. EXT.P9 TRUE COPY OF ORDER IN GC 18/04 DT.31.01.07. EXT.P10 TRUE COPY OF ORDER IN GC 141/04 DT.24.03.06. EXT.P11 TRUE COPY OF ORDER IN GC 119/2004 DT.1.8.06. EXT.P12 TRUE COPY OF ORDER IN GC 128/04 DT.24.3.06. EXT.P13 TRUE COPY OF ORDER IN GC 130/04 DT.24.03.06. EXT.P14 TRUE COPY OF ORDER IN GC 84/04 DT.1.8.06. EXT.P15 TRUE COPY OF ORDER IN GC 9/05 DT.22.12.06. EXT.P16 TRUE COPY OF ORDER IN GC 61/04 DT.22.02.07. EXT.P17 TRUE COPY OF ORDER IN GC 123/04 DT.1.8.06. EXT.P18 TRUE COPY OF ORDER IN GC 96/05 DT.22.08.07. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29894 of 2011 ----------------------------------------- Dated this the 10th day of November, 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 P18 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 to the petitioners in terms of the W.P(C).No.29894 of 2011 -:2:- 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 the date of the judgment to deposit the interest portion and had W.P(C).No.29894 of 2011 -:3:- 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 P18 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.29894 of 2011 ---------------------------- JUDGMENT 10th November, 2011