IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22611 of 2011(B) ----------------------- PETITIONER(S): ----------------------- 1. K.V. CHANDRAN, S/O.K.K. VELU, AISWARYA, KARUTHARAN HOUSE, P.O. KUNDALIYOOR, THRISSUR - 680 616. 2. SHIRLY ZACHAI, D/O. OBED ZACHAI, JINOS VILLA, KAMATH LANE, THRISSUR -4. BY ADVS. SRI.P.K.MADHUSOODANAN SRI.P.M.BINOY KRISHNA RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004. 3. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 AND THE DISTRICT LABOUR OFFICER, THRISSUR - 680 001. 4. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND THE REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM-682 230. R1 & R2 BY ADV. SRI. K.S. ANIL, SC R3 & R4 BY GOVT. PLEADER SRI. M. MUHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 22611 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT BEARING NO. GC.55/2007 DATED 30-11-2010. EXT.P2 : COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT BEARING NO. GC.98/2004 DATED 18-10-2006. EXT.P3 : COPY OF THE SHOW CAUSE NOTICE DTD. 19-5-2011 ISSUED BY THE 3RD RESPONDENT. EXT.P4 : COPY OF THE APPLICATION DTD. 18-7-2011 SUBMITTED BY THE 2ND RESPONDENT. EXT.P5 : COPY OF THE JUDGMENT DATED 7-6-2011 IN WP(C) NO.14097/2011 PASSED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.22611 of 2011 ----------------------------------------- Dated this the 19th August, 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 and P2 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 Exts.P1 and P2 orders have become final, till date the amount of gratuity directed to be paid by the Controlling Authority and the interest thereon have W.P(C) NO.22611/2011 -:2:- not been deposited. In this writ petition, the petitioners seek an order directing the Board to deposit the same. 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 therefore the Board will take steps to deposit the amount covered by Exts.P1 and P2 orders expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment involved, the Board may be granted at least three months time from today to deposit the principal amount and six months' time from the date of deposit of the principal amount to deposit the interest portion. The learned standing counsel also submitted that the liability of the Board to pay interest may be limited till the 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 disposed of similar writ petitions filed by former employees of the Board wherein after taking note of the heavy financial commitment involved, I granted W.P(C) NO.22611/2011 -:3:- the Board three months' time from the date of the judgment to deposit the principal amount of gratuity and six months' time from the date of deposit 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: (i) The Board shall within three months from today deposit the principal amount payable to the petitioners in terms of Exts.P1 and P2 orders and shall within six months from the date of deposit of the principal amount deposit the interest portion computed with reference to the respective due dates till the date of deposit of the principal amount, before the Controlling Authority. (ii) Upon such deposits being made, it will be open to the petitioners to unconditionally withdraw the amounts deposited. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.22611 of 2011 ---------------------------- JUDGMENT 19th August, 2011