IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 24424 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. USHA VISWANATHAN, W/O. LATE VISWANATHAN, AGED 60 YEARS RESIDING AT VALIYAMANAKKATTU HOUSE, THURUTHUMMA, CHEMBU P.O., VAIKOM, KOTTAYAM DISTRICT. 2. VINOD, S/O.LATE VISWANATHAN, AGED 36 YEARS, RESIDING AT VALIYAMANAKKATTU HOUSE, THURUTHUMMA CHEMBU P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM – 695 001. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDUTHI BHAVAN, PATTOM P.O. THIRUVANANTHAPURAM – 695 004. 3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, ERNAKULAM – 682 030 4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD ERNAKULAM – 682 030. BY SRI.K.S.ANIL, SC FOR KSEB. BY GOVT. PLEADER SRI.MOHAMMED SHAFI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.24424 OF 2011 EXT.P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 7.11.2008 ISSUED FROM THE VAIKOM MUNICIPALITY. EXT.P2 TRUE COPY OF THE HEIRSHIP CERTIFICATE 26.5.2011 ISSUED BY TAHSILDAR, VAIKOM. EXT.P3 TRUE COPY OF THE COMMON ORDER DATED 15.2.2006 IN G.C.NO.42/2004 AND OTHER CASES OF THE 3RD RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER DATED 10.11.2010 OF THE FOURTH RESPONDENT IN GA.NO.28/07 EXT.P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P(C) No. 24424 of 2011 ------------------------------- Dated this the 7th day of September, 2011 J U D G M E N T The petitioners are legal heirs of late V.K.Viswanathan, a former employee 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, he 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. By Ext.P3 order, the Controlling Authority allowed the application and directed payment of the difference in the amount of gratuity with interest at applicable rates from the respective due dates. Though an appeal was filed before the Appellate Authority, it was dismissed by Ext.P4 order dated 10.11.2010. In the mean while, the employee passed away on 20.10.2008. This writ petition is filed contending that though Ext.P3 order has become final, till date the amount of gratuity directed to be paid by the Controlling Authority and the interest thereon have not been deposited. In this writ petition, the petitioner W.P.(C) No.24424/2011 2 seek an order directing the Board to pay the principal amount of gratuity and 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 amount payable in terms of Ext.P3 order expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment involved, the Board may be granted at least six months time from today to deposit the interest portion and that the liability to pay interest may be limited till date of deposit of the principal amount. 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 granted the Board six months' time from the date of payment of the principal amount 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: W.P.(C) No.24424/2011 3 (i) The Board shall within six months from today deposit with the Controlling Authority for payment to the petitioners, the amount payable by way of interest calculated in terms of Ext.P3 order from the due date 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 amounts deposited. (iii) It will be open to the petitioners to withdraw the principal amount already deposited by the Board before the Controlling Authority/Appellate Authority. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.24424 of 2011 JUDGMENT Dated:- 7th September, 2011 --------------------------------------