IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25753 of 2011(T) ----------------------------------- PETITIONER(S): ----------------------- 1. JOSE MATHEW, SENIOR ASSISTANT, KSEB (RETD.), (KERALA STATE ELECTRICITY BOARD), S/O.MATHEW, AGED 64 YEARS, RESIDING AT MALIPPURATHU HOUSE, IRUMPUZHIKKARA, UDAYANAPURAM P.O., VAIKOM, KOTTAYAM DISTRICT. 2. K.N.VIJAYAN, LINEMAN GRADE-I ASSISTANT, KSEB (RETD.), (KERALA STATE ELECTRICITY BOARD), S/O.NARAYANAN, AGDE 64 YEARS, RESIDING AT KOODAZHATHU HOUSE, NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT. 3. M.SIVAN, LINEMAN GRADE-I, KSEB(RETD.), (KERALA STATE ELECTRICITY BOARD), S/O.MADHAVAN, AGED 65 YEARS, RESIDING AT SREENILAYAM, THALAYAZHAM P.O., VAIKOM, KOTTAYAM. 4. A.P.GOPALAN, SENIOR SUPERINTENDENT(NC), KSEB(RETD.), (KERALA STATE ELECTRICITY BOARD), S/O.PAPPAN, AGED 67 YEARS, RESIDING AT INDURAGAM, KIZHAKKENADU, VAIKOM P.O., KOTTAYAM DISTRICT. 5. M.G.SARASWATHIAMMA, SENIOR GRADE ASSISTANT, KSEB(RETD.), (KERALA STATE ROAD TRANSPORT CORPORATION), W/O.N.GOPALAKRISHNAN NAIR, AGED 70 YEARS, RESIDING AT CHATHUVALLIL HOUSE, NEAR KSRTC BUS STAND, VAIKOM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695004. 3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOTTAYAM – 686 001. 4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM – 682 030. R1, R3 AND R4 BY GOVT. PLEADER SRI. G. GOPAKUMAR BY ADV. SRI. K.S. ANIL, SC., FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 25753 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 TRUE COPY OF THE ORDER DATED 4/09/2007 IN GC.NOS.144/2004 AND OTHER CASES OF THE 3RD RESPONDENT. EXT.P2 TRUE COPY OF THE COMMON ORDER DATED 29/6/2007 IN GC.NO.72/2004 AND OTHER CASES OF THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE ORDER DATED 10/7/2007 IN GC.NOS.10/2005 AND ORDER CASES OF THE 3RD RESPONDENT. EXT.P4 TRUE COPIES OF REPRESENTATIONS SUBMITTED BY THE PETITIONERS 1 AND 5 BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS P.N. RAVINDRAN, J. ------------------------------- W.P (C) No.25753 of 2011 ------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T 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 P3 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, the interest payable in terms of Exts.P1 to P3 orders passed by the Controlling Authority has not so far been deposited. In this writ petition, the petitioners seek an order directing the Board to deposit the interest portion for payment and to permit the petitioners W.P.(C) No. 25753 of 2011 2 to withdraw the principal amount lying in deposit. 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 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 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 respective due date till the date of deposit of the principal amount. I accordingly dispose of the writ W.P.(C) No. 25753 of 2011 3 petition with the following directions: (i) The Board shall within six months from today deposit before the Controlling Authority the amounts payable to the petitioners by way of interest calculated in terms of Exts.P1 to P3 orders 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 amount deposited. (iii) The petitioners will be free to unconditionally withdraw the principal amount of gratuity already deposited. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.25753 of 2011 JUDGMENT Dated:- 28th September, 2011 --------------------------------------